PENGARUH ASAS KESATUAN KOMANDO DALAM PROSES PERADILAN PIDANA DI LINGKUNGAN PERADILAN MILITER

Linoranggatau, Bagus Agustus (2020) PENGARUH ASAS KESATUAN KOMANDO DALAM PROSES PERADILAN PIDANA DI LINGKUNGAN PERADILAN MILITER. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

This study is conducted to analyze the impact of unity of command on the criminal justice process in the military court. This study is aimed to answer these problems: Is the unity of command in the military institution has an impact on resolving issue process in the Military Court. The specialty in resolving cases that is done by an officer in the process of criminal judicature of Military Court is that the Commander’s rule on which the case is concerned should not be put aside. As what the unity of Command said, a commander takes full responsibility on his corps and subordinates, including the authority to investigate criminal acts that is done by his subordinates. The authorization to give command is the role that belongs to the person who is authorized to punish, which decides the subordinates’ punishment in resolving a criminal judicature case that will entrust the case to the Military Police and Prosecutor investigators. As one of the military criminal law principles, the unity of command principles is the principle that should be considered in resolving criminal cases in Military Court besides general principle that is on the General Court. If the principle is put aside, the role of the commander as the superior with the right to levy punishment (Ankum) / Officer with prosecutor functions (Papera) will not be applicable anymore. Based on the principle of unity of command, the role of the Corps Commander, The Ankum and/or Papera can affect the process of settlement of criminal act that is done by the military.

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