KETIDAKHADIRAN TANPA IZIN BAGI ANGGOTA MILITER PERSPEKTIF HUKUM ISLAM

Aditya Abdi Pangestu, S.H., NIM.: 18203010017 (2021) KETIDAKHADIRAN TANPA IZIN BAGI ANGGOTA MILITER PERSPEKTIF HUKUM ISLAM. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

One of the violations of a military officer is the absence without permission of a military member and this has been explained in Article 8 letter b of the UUHDM-2014 with the provisions of a criminal offense for absenteeism without permission in peace time for a maximum of 4 (four) days. Therefore, violations of the military discipline law that occur will be resolved internally in each military unit. Meanwhile, the regulation of the criminal act of absenteeism without permission is as regulated in the provisions of Articles 85-1 and 86-1 of the Military Criminal Code (hereinafter referred to as KUHPM). These are two interpretations of the regulation of the criminal act of Unlicensed Absence (THTI) at the norm level, which has led to two arrangements regarding the same matter or similar provisions, on the one hand the crime of absenteeism without permission. The regulation of the crime of absenteeism without permission in a peaceful period of no longer than 4 (four) days in the 2014 UUHDM is a new phenomenon that requires a special study to fully describe the intent and existence of the crime of absenteeism without permission in the 2014 UUHDM, which legally has causing a transition by regulating the crime of absenteeism without permission in the Criminal Procedure Code. This research uses the form of library (library research), namely by using the technique of documents/library studies. The approach used is juridical normative. After collecting the data, it is continued with analysis using the concept of Islamic law. The conclusions obtained from this study are as follows: (1) Absence without permission for military members includes violations that can cause harm (mustaḍ'afīn) to him who releases himself from the duties that have been ordered. This will result in losses to military units by not carrying out their duties properly. Orders are the basic foundation of a member of the military to be properly held and carried out, if the order is not carried out then there is what is called insubordination and that can be said to be a violation. (2) Law switching often occurs in regulations with one another, in the Istiḥsᾱn Theory (Considering something good) by looking at the context of military members. In the KUHPM regulation, the perpetrators of THTI at a time of peace for a minimum of one day to thirty days get a penalty of imprisonment for a maximum of one year and four months with a decision in the Military Court. The KUHPM regulation which previously regulated the Military Legislation in 1934 shows that it includes legal sentences that are Kull with a period of one day to thirty days. This UUHDM provides a stipulation in Juz'iyah (section) for THTI perpetrators who commit violations for a maximum of 4 days. Istiḥsᾱn is: "Taking a Juz' benefit in response to a global argument." The benefit referred to in the military world is at the level of discipline of TNI Soldiers if that which has a negative impact on the unit, does not have a broad impact on embarrassing members of military personnel and it is light.

Item Type: Thesis (Masters)
Additional Information: Pembimbing: Dr. H. M. Nur, S.Ag., M.Ag.
Uncontrolled Keywords: siyasah dusturiyah; siyasah qadaiyyah; disiplin militer; pidana militer
Subjects: Hukum Islam
Divisions: Fakultas Syariah dan Hukum > Magister Ilmu Syari'ah (S2)
Depositing User: Muchti Nurhidaya edt
Date Deposited: 15 Feb 2022 11:31
Last Modified: 15 Feb 2022 11:31
URI: http://digilib.uin-suka.ac.id/id/eprint/48987

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