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PROBLEMATIKA PENANGANAN PERKARA KONEKSITAS DALAM SISTEM PENEGAKAN HUKUM PIDANA (STUDI KASUS DI PENGADILAN MILITER II-11 YOGYAKARTA)
Indonesia's criminal law enforcement system is based on the that every person has equal standing before the law (equality before the law) . Anyone who commits a crime is prosecuted according to applicable laws, regardless of their status, whether civilian or military, to achieve the fairest possible verdict. However, in cases suspected of being connected, this principle of equality does not always apply. In cases involving connectedness involving Indonesian National Armed Forces (TNI) soldiers and civilians, only the TNI soldiers are prosecuted, while the civilians who participated in the crime are not. This legal disparity arises because connectedness cases are largely resolved through separate judicial mechanisms based on legal subjects, raising significant questions regarding the guarantee of justice for these TNI soldiers. Based on the above problems, this study seeks to find two answers to the problem formulation, namely: First, what is the main problem that causes the handling of connectivity cases in the criminal law enforcement system at the Military Court II-11 Yogyakarta not to be carried out in a connected manner? Second, how are efforts to guarantee justice for TNI soldiers involved in connectivity cases with civilians who are not also tried at the Military Court II-11 Yogyakarta? The basis of this research is empirical legal research that emphasizes the results of primary data analysis in the form of structured interviews with respondents Prosecutors at the Aspidmil Kejati Special Region of Yogyakarta, Military Judges and Military Law Experts. The results of the study were analyzed using legal system theory, enforcement theory, and justice theory adjusted to secondary data consisting of primary legal materials in the form of applicable laws and regulations and secondary legal materials in the form of existing scientific works. This study identifies that the non-implementation of the connectivity justice mechanism at the Military Court II-11 Yogyakarta reflects a structural problem within Indonesia’s criminal justice system, which remains fragmented between the military justice system and the general courts. Empirical findings reveal a deliberate tendency among law enforcement authorities to adopt a separated case-handling approach (splitsing) as a pragmatic measure to avoid jurisdictional conflicts. However, this practice has the potential to perpetuate legal disparities and substantive injustice, particularly when civilian actors involved in the same criminal conduct are not subjected to judicial proceedings. Under such circumstances, the guarantee of justice for military personnel relies predominantly on the judicial role of military judges, who actively emphasize comprehensive and contextual case examination. Consequently, the justice achieved does not primarily stem from the strength of the legal system itself, but rather from the integrity of the judges and their commitment to substantive justice.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PROBLEMATIKA PENANGANAN PERKARA KONEKSITAS DALAM SISTEM PENEGAKAN HUKUM PIDANA (STUDI KASUS DI PENGADILAN MILITER II-11 YOGYAKARTA) (Text)
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343.01 Hukum Militer, Pertahanan dan Veteran