Renewal Of The Military Justice System In Indonesia In The Implementation Of The Authority Of The Military Prosecutor In Corruption Cases

Abstract

The Military Court as an actor of judicial power under the Supreme Court has the authority to try criminal offenses committed by military personnel or persons equivalent to military personnel, to resolve military administrative disputes, to combine compensation cases in criminal cases, and to try cases of connexity as provided in Article 9 paragraph (1) of Law No. 31 of 1997 on Military Justice, with the jurisdiction of the Military Court based on the aspect of the rank of military members as the scope of work, through the authority to enforce the law within the Indonesian National Army by the agency / institution as a system in the Military Court, namely the Military Court, which becomes a problem in the existence of the Military Court including the authority of the Military Court in conducting prosecutions in handling corruption cases committed by members of the TNI.

The method used in this research is normative juridical, using descriptive analytical specifications, through literature studies and field studies, and data collection techniques are carried out in the form of document studies, namely secondary data collection, followed by data analysis.

The results showed that the authority of the Military Prosecutor to prosecute corruption crimes is based on the Military Justice Act, which adheres to the principle of lex specialis, except in cases of connexity. The prosecutorial authority granted to the Military Prosecutor in cases of corruption committed by members of the TNI still lacks legal certainty and often clashes with the authority of the Public Prosecutor and even the Papera, so that a reconstruction of the authority of the Military Prosecutor in the Corruption Court Law and the Military Justice Law is necessary.