PENYALAHGUNAAN LIQUEFIED PETROLEUM GAS SUBSIDI PEMERINTAH YANG DILAKUKAN ANGGOTA TNI (ANALISIS PUTUSAN PENGADILAN MILITER I-02 MEDAN NOMOR 135-K/PM.I-02/AD/XII/2024)

Abstract

LPG, which stands for Liquefied Petroleum Gas, is an alternative energy source that many people in Indonesia use, especially for home activities. However, the LPG subsidy program is sometimes abused by individuals who want to make money. One example of this abuse is when people illegally mix subsidized LPG with other substances, and this has even happened by some members of the Indonesian National Armed Forces (TNI), as seen in the Military Court Decision I-02 Medan Number 135-K/Pm.I-02/Ad/XII/2024. This study uses a normative legal research method and looks at specific cases. The misuse of subsidized LPG is covered in several legal provisions, such as Article 55 paragraph (1) of the Indonesia Penal Code, Article 20 paragraph (1) of the 2023 Indonesia Penal Code regarding complicity, and Article 40 point 9 of Law No. 6/2023. Since the Indonesia Military Criminal Code does not specifically address these offenses, the criminal penalties must follow general criminal laws. In the case of Military Court Decision I-02 Medan Number 135-K/PM.I-02/AD/XII/2024, the author disagrees with the sentence given by the judges, as it is too light—only seven months in prison (minus time served) and a fine of IDR 10,000,000. Improving the subsidy policy with accurate and up-to-date data, such as through digital distribution systems, could help prevent such misuse. Dealing with these cases should also focus on ensuring fair justice to act as a warning and teach others in the TNI.