Tinjauan Yuridis Tindak Pidana Penganiayaan Oleh Oknum TNI Kepada Warga Sipil (Studi Putusan Nomor 42-K/PM.I-02/AD/IV/2018)

Abstract

Criminal acts carried out by a member of the Indonesian Armed Forces (TNI) to civilians and resulted in civilians (victims) experiencing physical injury losses or material or formal losses in this case are very unfortunate because the TNI members should be examples of shari tauladan to civilians rather than become a poor example with his behavior that makes or tarnishes the image of the TNI because his behavior is not praiseworthy to commit criminal acts of mistreatment of civilians will be subject to strict sanctions by superiors (ANKUM) and the process will enter into Law No. 31 of 1997 concerning the court What if the military proves that the TNI has committed a criminal act in the process of resolving military cases in Indonesia. The problems in this study are the factors that cause criminal acts of abuse by TNI personnel to civilians, how the process of resolving persecution cases within the Army and how efforts can be made to overcome the occurrence of criminal acts of abuse by TNI personnel to civilians. The research method used is library research, namely research carried out based on reading materials, by reading books, laws, journals and opinions from scientific and legal experts who are scientifically related to problems discussed in writing this essay. Field studies (Field Research), namely research conducted directly on the object. Hold data collection by obtaining data, information and information from relevant agencies, carried out at the Medan Military Court. Factors causing criminal acts of abuse by TNI personnel to civilians, namely, the attitude of soldiers who are still apathetic feel that they are different from ordinary civilians. In Decision Number: 42-K / PM.1-02 / AD / 1V / 2018 the causes of the perpetrators of torture were underestimated by the victims. The process of resolving persecution cases within the Indonesian Army is generally carried out through military courts, considering that the TNI has a special court that is different from civilians or state officials, the police, or others. Basically this has been determined as stipulated in Article 9 paragraph (1) of Law No.31 of 1997 concerning military justice. TNI members who beat people can be charged Efforts that can be taken to deal with criminal acts of torture by TNI personnel to civilians can be carried out by way of supervision of members of the soldiers so that they are not provoked if there is a dispute on the street or outside the TNI with defunct civilians it will cause the image of the TNI to be tarnished, and it should still be able to refrain from remaining calm so that conditions remain conducive.