Proses Penyidikan dalam Penyelesaian Tindak Pidana Kekerasan dalam Rumah Tangga yang dilakukan Oleh TNI AD (Study Di Pengadilan Militer I/02 Medan)

Abstract

Indonesian National Army Soldiers are selected Indonesian citizens who are educated and armed and prepared for war, so that in their daily life temperament. domestic violence perpetrated by individual soldiers not only harms their families but also causes losses to the soldiers themselves both morally and materially. Proving a criminal offense, the process of investigation, prosecution and examination in a court of law in a case of a crime of domestic violence is carried out according to the provisions of the applicable criminal procedure law. In order to support and guarantee the implementation of the roles and tasks of the Indonesian National Army, the Indonesian National Army also has special arrangements or regulations. Specific regulations include military criminal law and military criminal procedural law. The problem raised in this research is about the process of investigation in the resolution of criminal acts of domestic violence carried out by the Indonesian National Army as the perpetrators and what forms of accountability towards members of the Indonesian National Army which commit domestic violence. The research method used in this thesis is a normative legal research method, which in this study is intended to analyze a decision made by combining primary data legal materials with secondary data obtained in the field by interview. In the investigation process in which the Military Police conduct an investigation of suspects with military status and refer to Law Number 31 of 1997 concerning the Military Criminal Code Book where eventually the case files will be submitted to military prosecutors to be tried in military court. There are 4 stages in the process of resolving cases in the military court in the investigation stage, the prosecution stage, the hearing stage in the trial, the stage in the implementation of the decision. Military members who commit crimes in domestic violence can be convicted. If the form of liability in Article 10 of the Criminal Law Code applies to civilians, then the form of criminal liability for military members who commit a criminal offense is regulated in Article 6 of the Military Criminal Law Code.