Ratio Legis Investigation of Common Criminal Actions Completed by Military Members Are Investigated by Indonesian National Police Investigators
Abstract
Law enforcement for the military, which is the spearhead of state sovereignty, cannot be avoided. The form of law enforcement can be seen from the submission of military members to military law. From a legal point of view, military members are Indonesian citizens, so naturally all legal provisions that apply to Indonesian citizens in general, namely criminal law, civil law, criminal procedural law and civil procedural law apply. The difference is that in the military environment, the duties and obligations that are carried out are more specific than civil society, especially related to the defense of state sovereignty, so that special laws are also enforced to ensure the integrity of INA members. Military soldiers in carrying out their duties, of course there are the possibility of irregularities in criminal acts committed by members of the military. It should be noted further, that there are two types of criminal acts for members of the military, namely general crimes and special crimes. General crimes are crimes whose provisions are contained in the Criminal Code, while military crimes are crimes that can only be committed by members of the military with the provisions contained in the Criminal Procedure Code, such as crimes of insubordination and desertion.
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