TINJAUAN MENGENAI HUBUNGAN ANTARA PERWIRA PENYERAH PERKARA DAN ODITUR MILITER DALAM PELIMPAHAN PERKARA PIDANA YANG DILAKUKAN OLEH ANGGOTA TNI

PRANANDHITA, ALBIZZIA BIMA (2012) TINJAUAN MENGENAI HUBUNGAN ANTARA PERWIRA PENYERAH PERKARA DAN ODITUR MILITER DALAM PELIMPAHAN PERKARA PIDANA YANG DILAKUKAN OLEH ANGGOTA TNI. S1 thesis, UAJY.

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Abstract

This research is titled “The review of relationship between officers hand over the case (papera) and military corps judge advocate (odmil) in the transfer of criminal case conducted by members of TNI. Formulation of this research is there a connection between papera with military corps judge advocate in the transfer of case to military court and how to settlement in case of difference opinions between papera with military corps judge advocate in the case of transfer cases to military court. The objective of this research is to determine extent of linkages between papera with military corps judge advocate in the transfer of cases in military court and its resolutions in case of difference opinions between papera with military corps judge advocate. This type of research is a normative legal research, that is normative legal research with the literature study conducted by examining library materials in the form of literatures that related with the problem to be investigated. Methods of data collections in normative legal research done by literature study and interviews with informants. The result of this research : There is linkage between papera with military corps judge advocate in the transfer of case to military court, the links are contained in the provision of legal opinions by military corps judge advocate to papera to define a criminal offense to be resolved through the military court, as a basis for consideration to submission papera issued (SKEPPERA), military corps judge advocate can not delegate a criminal cases to military court. The crucial relations between papera with military corps judge advocate occurred in determine the direction of completion of criminal acts commited by members of TNI. In the event of disagreement between papera with military corps judge advocate, with the application from military corps judge advocate, papera must send the case to the the main military court, then the the main military court will convene one time and with a final decision will give a decisive ruling that the cases will be resolved through the military court or the legal channels soldiers discipline and the decisions shall be immediately implemented.

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