In addition, the actions of TNI members storing a number of ammunition and explosives in their room also have the potential to create danger both for themselves and the surrounding community because the storage of a number of ammunition and explosives is not in accordance with the standards set in the TNI environment.

Actions of TNI Members a quo What Regulations are Violated?

The essence of the TNI member's actions is that they are contrary to applicable law and also contrary to the duties and responsibilities of TNI members as regulated in Article 7 paragraph (1) of Law Number 3 of 2004 concerning the Indonesian National Armed Forces, especially their duties and responsibilities as Yonko 463 ammunition warehouse officers and as demolition officers when Yonko 463 carries out training.

If a member of the military has committed a military crime by illegally controlling and storing ammunition and explosive materials, it means that the action is contrary to Sapta Marga 5, which reads: “We, Soldiers of the Indonesian National Armed Forces, uphold discipline, are obedient and obedient to our leaders and uphold the attitude and honor of Soldiers” and Soldier's Oath 2: “That I will submit to the law and uphold military discipline” and Soldier's Oath 4: “That I will carry out all obligations with a full sense of responsibility to the Army and the State of the Republic of Indonesia.”

This action has a negative impact on the unit where the soldier serves and on the TNI institution because the actions taken will create a negative assessment by the public towards the TNI institution. Therefore, a military criminal threat is needed that is heavier than the previous Military Prosecutor's demand, namely 1 (one) year and 6 (six) months because in the provisions of Article 1 paragraph (1) of the Emergency Law of the Republic of Indonesia Number 12 of 1951, the punishment that can be imposed is the death penalty or life imprisonment or temporary imprisonment for a maximum of twenty years.

However, the judge considers it too severe when compared to the actions of the TNI member, thus it is necessary to mitigate the sentence by imposing a lighter punishment which is 1 (one) year, considering the many mitigating factors for the defendant with evidence that convinces the judge.

To overcome military criminal acts committed by TNI members, the following can be done: Commanders at each unit level must pay attention to the quality of legal awareness and discipline of TNI soldiers under their command authority, improve the professionalism of TNI soldiers, and improve the performance of law enforcement officials within the TNI organizational structure.

References

  • Law Number 31 of 1997 concerning Military Courts
  • Decision Number 22-K/PM.III-13/AU/VI/2020
  • Andi Hamzah, Development of Special Criminal Law, Jakarta: Ragunan, 1991.

*This article represents the personal opinion of the author and does not represent the views of the editors Legal Literacy Indonesia.