May 2024

Volume 07 Issue 05 May 2024
Connectivity Case a Juridical Review of the Handling Process before and After the Establishment of the Attorney General in the Military Criminal Field
1Iwan Kurniawan, 2Handar Subhandi Bakhtiar, 3Beniharmoni Harefa
1,2,3Faculty of Law, Universitas Pembangunan Nasional Veteran Jakarta, Indonesia
DOI : https://doi.org/10.47191/ijsshr/v7-i05-57

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ABSTRACT

This Indonesia is a country with a large and diverse population, consisting of many islands and a multitude of cultures and customs. The people of this nation live and operate according to existing norms and regulations, coexisting within their midst, which upholds a high regard for a legal system governing societal order. This is why Indonesia can be referred to as a legal state (rechtsstaat), a notion further solidified by Article 1 paragraph (3) of the 1945 Constitution, which declares Indonesia as a legal state.There are four systems of justice in Indonesia: general courts, religious courts, military courts, and administrative courts. These systems stand independently, separate from one another, each with its own functions and absolute authority in carrying out its duties. Thus, each system possesses jurisdiction that cannot be interfered with by other judicial systems. However, despite Indonesia's respect for the law, there are also many Indonesians who violate and disregard the laws in place, acting arbitrarily and without adherence to regulations and existing laws. This is evidenced by the numerous cases that occur, with perpetrators not only being ordinary citizens but sometimes also engaging in criminal acts alongside military personnel, commonly known as the TNI or the Indonesian National Armed Forces. The fact that TNI members exist and live among the civilian population, with their special status, combined with the drive to improve their standard of living or economic motives, leads many of them to engage in criminal activities with civilians, whether as perpetrators, accomplices, or assistants. In several cases involving both TNI members and civilians, they encounter difficulties in their handling. In connection with the above, to enhance the effectiveness of handling connectivity cases (involving perpetrators from both the TNI and civilians), a special institution/organization was established within the Indonesian Attorney General's Office, namely the Deputy Attorney General for Military Crime Affairs.

KEYWORDS:

Indonesia, Judiciary System, Criminal Offenses, Perpetrators, Connectivity.

REFERENCES
1) Asep N. Mulyana, Reda Manthovani, R. Narendra Jatna, 2020, Constitutional Mandate of the Deputy Attorney General for Military Crime Affairs, Jakarta.

2) Andi Hamzah, 2017, Indonesian Criminal Procedure Law, Jakarta.

3) Dini Dewi Heniarti, Military Justice System in Indonesia (Bandung: PT Refika Aditama, 2017).

4) Kalaera Anna, Hasanah Lapae, Hambali Thalib, and Nur Fadhillah M, 2022, Authority of the Deputy Attorney General for Military Crime Affairs in prosecuting connectivity crimes, Volume 3.

5) Marzuki, Peter Mahmud Marzuki. 2010. Legal Research. Jakarta: Kencana.

6) Rosady Ruslan, Research Methods (Jakarta: PT Raja Grafindo Persada, 2010).

7) Rizanizarli, Riza Chatias Pratama, & Airi Safrijal, Criminal Procedure Law Textbook (Banda Aceh: FH UNMUHA Press, 2017).

8) Sumaryanti, Connectivity Justice in Indonesia: A Brief Overview (Bina Aksara, 1987).

9) S.R. Sianturi, Indonesian Military Criminal Law, Jakarta, 2011.

10) J.E. Sahetapy as cited in A. Gumilang, Criminology: Knowledge of Investigation Techniques and Tactics, Bandung, 1991.
Volume 07 Issue 05 May 2024

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