CRIMINAL RESPONSIBILITIES DONE BY THE TNI MEMBERS

TOGETHER WITH THE CIVIL SOCIETY PRESENTED IN GENERAL

JUSTICE
(STUDY OF STATE COURT DECISION)

Dr. Budiman N.P.D Sinaga, S.H.,M.H; Argentina Maradona Sinaga (College

Student)
Nommensen HKBP Universtiy
budiman.sinaga@uhn.ac.id

The State of Indonesia is the State of Law based on Pancasila and the 1945
Constitution of the Republic of Indonesia. Indonesia which aims to prosper its
people needs the rule of law that regulates all its actions. Legal actions cannot be
separated from the legal subject itself, namely the person (person) and a legal
entity (rechtpersoon). Criminal acts are not only carried out by civil society but
also carried out by members of the military who have their own procedural law,
namely the Law on Military Criminal Procedure.
The method used in this study is the use of a normative method that
focuses on legal norms and legal norms assessment carried out by examining the
secondary data as the main data, while the primary data as support.
Therefore, it is necessary to examine how criminal imprisonment of
members of the military is tried together with the general public if they are tried in
the general court, as well as the execution of sentences for members of the TNI
who are sentenced to prison.
To find out the prosecution process, the author applies the Statute
Approach and Case Approach method in order to prove whether there is a match
between theory and practice in the criminal imposition.

Keywords: Criminal Responsibility, Member of the TNI, Civil Society, General

Justice