PERTIMBANGAN HAKIM PENGADILAN MILITER II-11 YOGYAKARTA DALAM MENJATUHKAN SANKSI KEPADA ANGGOTA MILITER YANG MELAKUKAN PERZINAHAN

Saputra, Pascalis Bayu Eka (2018) PERTIMBANGAN HAKIM PENGADILAN MILITER II-11 YOGYAKARTA DALAM MENJATUHKAN SANKSI KEPADA ANGGOTA MILITER YANG MELAKUKAN PERZINAHAN. S1 thesis, UAJY.

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Abstract

Military members are Indonesian citizens who have special ability and famous by its obedience to the rules and to the senior. However, in reality there are some military members who did adultery.The purposes of this research are to know the judges’s juridical and non juridical considerations of Yogyakarta II-11 Military Court in imposing the sanction to the military members who did adultery and to know the obstacles faced by the judges of Yogyakarta II-11 Military Court in imposing the sanction to the military members who did adultery. The type of research in this thesis is a normative legal research. Normative legal research is a research that is used to examine positive legal norms. The results were based on the research, the judges’s juridical considerations consist of article number 284 KUHP and article number 190 Undang-Undang Negara Republik Indonesia Nomor 31 Tahun 1997 Tentang Peradilan Militer, and Surat Telegram Panglima. Meanwhile, non juridical considerations based on the facts which related to the case. Basically, there are no obstacles in imposing the sanction to the military members who did adultery, but sometimes there are some difficulties in bringing out the witness to the Military Court

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