PENGGABUNGAN PERKARA GUGATAN GANTI KERUGIAN TERHADAP TINDAK PIDANA PENCURIAN SUKU CADANG PESAWAT TNI-AU

Sumarsih, Tri (2006) PENGGABUNGAN PERKARA GUGATAN GANTI KERUGIAN TERHADAP TINDAK PIDANA PENCURIAN SUKU CADANG PESAWAT TNI-AU. S2 thesis, UAJY.

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Abstract

To know and evaluate the combine of indemnity lawsuit that can be applied according to the mandate of Article 98 KUHP connected with Article 183 of the Regulation number 31 in the year 1997 about the Military Judicature, and the economic aspect appeared in the occurrence of the lawsuit combine in the criminal act of the thievery of the Indonesian Air Force plane's spare parts by the Military Court. Using the normative law research, it is found that the criminal act lawsuit of thievery or other lawsuits resulting in the material lost of the Military Prosecuting Attorney side as the prosecutor officers in line with that mandated by Article 57 of the regulation number 31 in the year of 1997 stating that the Military Prosecuting Attorney and the General Office of the Military Prosecutor are the functional officers who, in conducting the prosecution, act for and on behalf of society, government and state and are responsible according to the hierarchal line, but in fact, so far the Military Prosecuting Attorney having learning the existence of the combine stipulation of indemnity lawsuit, which can be combined in the main lawsuit in this case the thievery of the Indonesian Air Force plane's spare parts. The impact arising from the unapplied combine of indemnity lawsuit in the thievery lawsuit of the Indonesian Air Force plane's spare parts is that the state experience lost both material and immaterial in which the real values are greather than the material loss. It is hoped that the research results can contribute to the further thinking to the law officers in the Military Court environment and anticipation to the resulting impact to the Military Court process in conducting the investigation and prosecution to the Suspected of the thievery criminal act of the Indonesian Air Force plane's spare parts, in order that in the future it can be more careful and cautious in conducting an investigation and prosecution.

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