Case Study
Year: 2020 | Month: December | Volume: 7 | Issue: 12 | Pages: 457-469
The Authority of the Military Prosecutor in Handling Criminal Acts of Violence in Households Committed by Members of the Indonesian National Armed Forces (Case Study of Military Court Decision No.235-K/PM I-02/AD/XI/2016)
Ferdinand Patar Wisuda1, Syafruddin Kalo2, Marlina3, Chairul Bariah4
1Student of Master of Jurisprudence Program, Universitas Sumatera Utara
2,3,4Lecturer of the Faculty of Law, Universitas Sumatera Utara
Corresponding Author: Ferdinand Patar Wisuda
ABSTRACT
Law No.26 of 1997 concerning the law of disciplines of soldiers of the Indonesian National Armed Forces and the decision of the commander of the Indonesian National Armed Forces No.Kep/22/VIII/2005 dated August 10, 2005, both governing the laws and regulations of the discipline of soldiers and a soldier violating this rule will get sanctions. Household integrity and harmony can be disrupted if the quality and self-control cannot be controlled, which in turn can cause domestic violence so that there will be a sense of discomfort or injustice towards people within the scope of the household. Examples of cases where a soldier of Sergeant Mayor Surono committed domestic violence against his legal wife named Indra Ningsih, because the defendant was burned with jealousy to see his wife together with First Lieutenant Assistant Edi Junaedi, so the defendant did a beating in the wife’s left eye. The Panel of Judges assured that the defendant had committed a criminal offense. Anyone who commits physical violence in the household sphere is carried out by the husband against his wife who does not cause illness or obstruction to carry out his occupation or livelihood or daily activities as regulated in Art.44 Par.(1) Jo. Par.(4) of The Law of the Republic of Indonesia No.23 of 2004 concerning the elimination of domestic violence, due to the actions of the defendant, the defendant is sentenced for four months. The research method was a normative juridical legal research of descriptive analysis by conducting library research in order to obtain secondary data needed, including primary, secondary, and tertiary legal materials related to the problem. The entire data was collected by the method of library research and field study. The results showed that the Military Prosecutor I-02 Medan in handling domestic violence cases is regulated in Art.71 of the Military Court Law No.27 of 1997, they are receiving a report or complaint, taking the first action at the time and place of the incident, seeking information and evidence, telling someone to stop, making a forced effort (arrest, search, detention, confiscation, and examination of documents), taking fingerprints and photographing someone, calling someone to be heard as a suspect or witness, asking for help expert, carrying out other actions, carrying out orders that are punitive boss to detain the suspect, and reporting the results of the implementation of the investigation to the supervisor who has the rights to punish.
Keywords: Authority of Military Prosecutor, Domestic Violence, Indonesian National Armed Forces.
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