PERBEDAAN PENJATUHAN PIDANA ANTARA HAKIM PERADILAN UMUM DENGAN HAKIM MAHKAMAH MILITER DALAM MENGADILI TINDAK PIDANA PEMBUNUHAN

Pradanika, Haryo Dhanestya Bayu (2022) PERBEDAAN PENJATUHAN PIDANA ANTARA HAKIM PERADILAN UMUM DENGAN HAKIM MAHKAMAH MILITER DALAM MENGADILI TINDAK PIDANA PEMBUNUHAN. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Murder is a criminal act that is considered very heinous. Every year there will be additional cases in each region throughout Indonesia. However, it is not only done by civilians, members of the TNI also often commit this crime. The author sees that there are differences regarding the sentencing given to the perpetrators of the crime of murder when compared to the general court which generally looks more severe. With this comparison, the author examines whether there are differences in the considerations of military judges and general court judges so that the verdicts given to military members look light. With qualitative research methods, namely by reviewing literature and also interviews with related parties, namely military judges and general court judges, the author finds that in general the considerations of a military judge and a general court judge in giving criminal convictions to perpetrators of the crime of murder are the same. However, with the provisions in Article 26 of the Criminal Procedure Code regarding dismissal from service from the military, it makes little difference to the perpetrators of the crime of murder, in which case the punishment given to military members is not as severe as that of civilians because with the dismissal, a military person needs a period of adaptation from military becomes civilian which of course requires a process socially, and psychologically for the accused.

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