Legal Literacy - This article discusses special criminal law in the context of military criminal law in Indonesia. This article explains a case involving a member of the Indonesian National Armed Forces (TNI) Air Force who committed a special criminal act by controlling and storing ammunition and explosives.

This article also discusses the provisions of military criminal law and outlines the articles related to this case. Finally, this article discusses the judge's considerations in deciding military criminal penalties and explains the elements of the TNI member's actions that violate the law.

According to Pompe, the criteria for special criminal law can be seen from the subject or perpetrator, for example, military criminal law, and the second is the specific act. Military criminal law states that members of the military have the same position as ordinary members of society, meaning that as citizens, all applicable legal rules apply, both criminal law and civil law.

Provisions of Military Criminal Law

There is a case example of a military criminal act involving one member of the Indonesian National Armed Forces (TNI) Air Force as the Defendant who committed a special criminal act, namely controlling and storing ammunition and explosive materials. The case has been decided based on Decision Number 22-K/PM.III-13/AU/VI/2020.

Every TNI soldier must submit to and obey the legal provisions that apply to the military, namely the Military Criminal Code, Military Disciplinary Regulations and Law Number 31 of 1997 concerning Military Courts. These legal regulations are applied at the levels of Enlisted, Non-Commissioned Officers, and Officers who commit actions that are detrimental to the unit, society or the state. Of course, it cannot be separated from other regulations that apply to the general public.

Basically, a military criminal act has been determined as regulated in Article 9 paragraph (1) of Law Number 31 of 1997 concerning Military Courts as follows: “The court within the military court environment has the authority to try criminal acts committed by someone who at the time of committing the criminal act is:

  1. Soldier;
  2. who based on law are equated with Soldier;
  3. members of a group or department or body or who are equated or considered as Soldiers based on law;
  4. someone who does not fall into the categories in letters a, b, and c but by decision of the Commander with the approval of the Minister of Justice must be tried by a Court within the military court environment.”