PERTIMBANGAN HAKIM DALAM MEMUTUS TINDAK PIDANA INSUBORDINASI (STUDI KASUS PUTUSAN NOMOR 70 - k / PM I-05 / AD / XI / 2016

Sibarani, Pherdi Brithan (2022) PERTIMBANGAN HAKIM DALAM MEMUTUS TINDAK PIDANA INSUBORDINASI (STUDI KASUS PUTUSAN NOMOR 70 - k / PM I-05 / AD / XI / 2016. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

This thesis discusses the problem of criminal acts of insubordination within the military environment, namely criminal acts of insubordination wherein insubordination is a crime regarding connectivity cases, meaning a crime committed jointly between civilians and the military which in this case is regulated in military law and the Criminal Code Criminal. The crime of insubordination examined in this thesis is of course by looking at both sides, namely the victims and witnesses.. The discussion in writing this law focuses on whether the decisions of judges and military prosecutors are in accordance with the Military Criminal Code, but if you remember the code of ethics that was violated based on Law 25 of 2014 concerning military discipline law, there is also conflict with military superiors, but considering Law 25 of 2014 concerning Disciplinary Law where the law states that military superiors must pay attention to the condition of their subordinates and their readiness, and provide welfare to military subordinates, and military superiors are also obliged to set a good example for military subordinates, this is all based on Article 14 letter a, Article 14 letter c, as well as Article 15 letter c of Law No. 25 of 2014 concerning Law on Military Discipline. Therefore, it is important to review this writing to find out that the judge's considerations are correct.

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