TINJAUAN TERHADAP SANKSI BAGI ANGGOTA MILITER YANG MELAKUKAN TINDAK PIDANA PENCURIAN

Ntelok, Fortunatus Nestormax (2019) TINJAUAN TERHADAP SANKSI BAGI ANGGOTA MILITER YANG MELAKUKAN TINDAK PIDANA PENCURIAN. S1 thesis, UAJY.

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Abstract

The title of this legal writing is Juridical Review about the Crime Punishment for the Military Soldier who Commit the Crime of Theft. Formulation of the problem: How to apply crime punishment to a Military Soldier who Commit the Crime of Theft? And does the Military Judge have any considerations in order to apply crime punishment for the military soldier who commit the crime of theft? The crime of theft is a criminal act that has been categorized in Chapter II Wetboek von Strafrecht (WvS) as one of criminal act to property. As we all know that crime of theft is sub classification of common criminal act, but what happened if it is commited by the military soldier? Section 362 mainly used as the crime punishment if the crime of theft happened or involved the civilians, while Section 140 mainly used as the crime punishment if the crime of theft happened or involved in military institution itself. As for the considerations for the crime punishment, the Military Judge should consider some options to bring a justice upon the military soldier, so the soldier did not being punished with maximum punishment. The options of considerations are variable, one of its option is that “in military law system the crime punishment usually used as the education” means the punishment is used to make the soldier change his bad behavior and not to do criminal act again.

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