KEWENANGAN MENGADILI PERKARA TINDAK PIDANA KORUPSI OLEH ANGGOTA TENTARA NASIONAL INDONESIA DALAM RANAH SIPIL
ALIF AKBAR SUDARMANTO, Dr. Muhammad Fatahillah Akbar, S.H., LL.M.
2024 | Skripsi | ILMU HUKUM
This legal writing aims to first, to know the authority to prosecute cases of criminal acts of corruption committed by members of the military in the civilian sphere, second, to know the urgency of legal reform regarding the authority to prosecute cases of criminal acts of corruption committed by members of the military in the civilian sphere in the future.
This research in legal writing was carried out as a normative juridical research type using library materials or secondary data in the form of primary, secondary and tertiary legal materials. Then the research results will be obtained using qualitative analysis methods with descriptive presentation.
The results of the research show that there is an overlap of authority between the general court and the court-martial in trying corruption crimes committed by members of the military, so that it hampers the implementation of the mechanism of connexity trial which should be applied in the event of corruption crimes committed by military and civilians. In addition, legal reform is needed for affirmation of attribution authority by the KPK to overcome the overlapping authority to prosecute corruption crimes committed by members of the military as well as the legal certainty of the mechanism of connexity trial on its own.
Kata Kunci : kewenangan mengadili, korupsi, peradilan militer