ANALISIS PUTUSAN HAKIM PENGADILAN MILITER YOGYAKARTA DALAM MENJATUHKAN SANKSI TERHADAP TINDAK PIDANA PEMERKOSAAN (Studi Putusan Pengadilan Militer No. 14-K /PM.II-11/AD/I/ 2019)

SA’IYA WARDATAL UMMAH, NIM. 17103040088 (2021) ANALISIS PUTUSAN HAKIM PENGADILAN MILITER YOGYAKARTA DALAM MENJATUHKAN SANKSI TERHADAP TINDAK PIDANA PEMERKOSAAN (Studi Putusan Pengadilan Militer No. 14-K /PM.II-11/AD/I/ 2019). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Until now, there are still rampant cases of criminal acts committed by members of the TNI which are a means of defense and enforcer of justice that guarantees the protection of people's rights, of course, their actions and actions will be used as role models and examples for the people of Indonesia. One of the cases of criminal acts committed is the crime of rape. Rape is a criminal act of a sexual nature that occurs when a human being forces another human to have sexual intercourse. The trial of the case of the criminal act of rape in the decision of the Panel of Judges Number 14-K / PM.II-11 / AD / I / 2019. In that decision, the defendant was sentenced to a criminal sentence in the form of a principal sentence, namely imprisonment for 8 (eight) months and additional punishment in the form of dismissal from the military service of the Indonesian Army. In this study, the author analyzes how the military criminal law is enforced and the application of the formal, material, and legal aspects of the decision. This research is a library research (library research). In relation to the nature of this research, it is descriptive-analytic using a juridical-normative approach. In the data collection section, the author uses the method of documenting case files, namely court decisions and corroborated by interviews with judges at the Yogyakarta Military Court II-11. The results of the study on the decision Number 14-K / PM.II-11 / AD / I / 2019 The application of military criminal law has been applied through the consideration of the Panel of Judges in deciding the crime of rape in the decision Number 14-K-/PM.II-11/AD /I/2019 has not been appropriate from a formal aspect. At the verdict, the author found the identity of the victim. This is not in accordance with Article 28D Paragraph (1) of the 1945 Constitution and Article 1 point 2 of Law Number 13 of 2006 concerning the Protection of Witnesses and Victims. In addition, in this decision the author did not find anything beneficial for the victim, where the victim only got satisfaction because the defendant was only sentenced to prison and additional punishment in the form of dismissal from military service, namely the TNI AD Based on the results of the author's interview, although Law Number 31 of 1997 concerning Military Courts does not recognize compensation and rehabilitation, the Panel of Judges can provide the initiative to rehabilitate victims where the defendant has a contagious disease that can have an impact on the victim, while from the material aspect and legal considerations in making the decision according to the author, it is in accordance with the provisions and the applicable legal and social basis.

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