Military Courts are established to resolve legal issues by members of the military , then the military members who commit criminal acts and violations of other laws , were judged on Military Justice and Military Justice , in general, consists of :
1 . Court of Military
Resolve the legal issues of the military rank of captain down .
2 . Court of Military High
Resolve the legal issues of the military rank of Major to the Bottom . Also can to try military personnel for " appeal " of the lower level
3 . Court of First Military
Resolve the legal issues done by the defendant which is still not satisfied with the sentence that has been imposed on high- level military courts . Also decide disputes about the authority of military courts adjudicate between different .
If we look further on Military Justice in Indonesia , we have to know the history of the birth of Military Justice in Indonesia which have periods , following the history of Military Justice in Indonesia :
1 . Period Occupation of the Netherlands and Japan
Before World War II, the Dutch military justice known by the name ' Krijgsraad ' and ' Hoog Militair Gerechtshof ' , it is as stated in bepalingen Betreffende de rechtsmaacht Van De militaire rechter in nederlands indie , S. No. 1934 . 173 and De Hoog Provisionele Instructie Voor Het Nederlands Indie Van Militair Gerechtshof , No. S.1992 . 163 .
This judicial scope covers the criminal material whose members consist of members of the Dutch army in Indonesia ( Dutch East Indies ) ie Dutch Colonial Army and Navy . To note , the Navy is an integral part of the kingdom of the Netherlands Navy ( Koninklijke Marine ) , whereas the KNIL is a separate organization within the meaning of the kingdom regardless of tentatara Netherlands ( Koninklijke Leger ) . On this basis the KNIL examined and judged by Krijgsraad for the first level and Hoog Militair Gerechtshop on appeal , while the navy members examined and judged by Zee Krijraad and Hoog Militair Shoof Gerecht .
Krijgsraad are in town , Cimahi , Padang , and Makassar in the area include :
During the Japanese occupation armies on the 2nd of March , 1942, by Osamu Gunrei No. . 2 of 1942 , forming Gunritukaigi ( military court ) to adjudicate matters of military law violations Japan . The Court is responsible for adjudicating military actions that are disturbing , obstructing the Japanese army and fight with the toughest punishment the death penalty .
Gunritukaigi Sirei headed by Kan ( magnifying hosts Japan ) , which consists of :
2 . Period Beginning of Independence ( 1945-1950 )
On October 5, 1945 the Indonesian Armed Forces was formed without being followed by the establishment of Military Justice . Military Justice Undag established after the issuance of Law No. 7 of 1946 on the Rules of Court entered the Army in addition to the ordinary courts , on June 8, 1946 , approximately 8 months after the birth of the Indonesian Armed Forces . During this legal vacuum , applicable law and military discipline is also issued in conjunction with Law No. 8 of 1946 on Criminal Proceedings to peradila Army .
With the issuance of the above two laws , the regulations in the field of military justice that existed in the days before the proclamation , both formal and material not treated anymore .
In Act No. 7 of 1946 Penradilan soldiers divided into two (2 ) levels , namely :
Soldiers judicial authority to hear criminal cases which are crimes and violations committed by :
The court is also authorized to prosecute anyone , if the crime committed is included in titles I and II of book II of the Criminal Code were made in the areas stated in danger .
Army Court is the court of first instance the authority to hear the case with the rank of captain accused soldiers down .
Military Supreme Court , at the first and last case :
1 . Defendants as low -ranking Major
2 . A person who if sued in a regular court terminated by PT or MA
3 . Dispute the authority of the Supreme - court-martial
Military Supreme Court on the second level and the last , a case in which has been decided by court-martial . Trials separated into two trials for crime cases and cases of violations.
In 1948 the Government issued Government Regulation No. 37 of 1948 , which changed some provisions of the arrangement , the position and the areas of law that have been set previously . Government Regulation No. 37 of 1948 regulates the composition of the army judiciary :
1 . Court Forces
2 . Higher Military Court
3 . Military Supreme Court
Thus the two-tier justice system that is set before turned into three levels , with each authority ;
Similarly, a glimpse of Peradikan Military in Indonesia, which may be useful for reading .
1 . Court of Military
Resolve the legal issues of the military rank of captain down .
2 . Court of Military High
Resolve the legal issues of the military rank of Major to the Bottom . Also can to try military personnel for " appeal " of the lower level
3 . Court of First Military
Resolve the legal issues done by the defendant which is still not satisfied with the sentence that has been imposed on high- level military courts . Also decide disputes about the authority of military courts adjudicate between different .
If we look further on Military Justice in Indonesia , we have to know the history of the birth of Military Justice in Indonesia which have periods , following the history of Military Justice in Indonesia :
1 . Period Occupation of the Netherlands and Japan
Before World War II, the Dutch military justice known by the name ' Krijgsraad ' and ' Hoog Militair Gerechtshof ' , it is as stated in bepalingen Betreffende de rechtsmaacht Van De militaire rechter in nederlands indie , S. No. 1934 . 173 and De Hoog Provisionele Instructie Voor Het Nederlands Indie Van Militair Gerechtshof , No. S.1992 . 163 .
This judicial scope covers the criminal material whose members consist of members of the Dutch army in Indonesia ( Dutch East Indies ) ie Dutch Colonial Army and Navy . To note , the Navy is an integral part of the kingdom of the Netherlands Navy ( Koninklijke Marine ) , whereas the KNIL is a separate organization within the meaning of the kingdom regardless of tentatara Netherlands ( Koninklijke Leger ) . On this basis the KNIL examined and judged by Krijgsraad for the first level and Hoog Militair Gerechtshop on appeal , while the navy members examined and judged by Zee Krijraad and Hoog Militair Shoof Gerecht .
Krijgsraad are in town , Cimahi , Padang , and Makassar in the area include :
- Cimahi : Java, Madura , Palembang , Bangka , Belitung , Riau , Jambi , Bengkulu , Lampung , Kalimantan , Bali , Lombok .
- Padang : West Sumatra , Tapanuli , Aceh and East Sumatra
- Makassar: Sulawesi , Maluku and East
- Krijsraad examine and adjudicate criminal cases at first instance against members of the military with the rank of captain down and civilians who work in the military . While Hoog Militair shoof Gerecht is a second instance of military courts ( of appeal ) as well as the first to hear at the Captain to the top and the highest in the Dutch East Indies , and is located in Jakarta .
During the Japanese occupation armies on the 2nd of March , 1942, by Osamu Gunrei No. . 2 of 1942 , forming Gunritukaigi ( military court ) to adjudicate matters of military law violations Japan . The Court is responsible for adjudicating military actions that are disturbing , obstructing the Japanese army and fight with the toughest punishment the death penalty .
Gunritukaigi Sirei headed by Kan ( magnifying hosts Japan ) , which consists of :
- Sinbankan ; judges who gave the verdict
- Yosinkan ; judges who examined the case before trial
- Kensatakun ; prosecutor
- Rokusi ; registrar
- KEIZA ; Guards accused .
2 . Period Beginning of Independence ( 1945-1950 )
On October 5, 1945 the Indonesian Armed Forces was formed without being followed by the establishment of Military Justice . Military Justice Undag established after the issuance of Law No. 7 of 1946 on the Rules of Court entered the Army in addition to the ordinary courts , on June 8, 1946 , approximately 8 months after the birth of the Indonesian Armed Forces . During this legal vacuum , applicable law and military discipline is also issued in conjunction with Law No. 8 of 1946 on Criminal Proceedings to peradila Army .
With the issuance of the above two laws , the regulations in the field of military justice that existed in the days before the proclamation , both formal and material not treated anymore .
In Act No. 7 of 1946 Penradilan soldiers divided into two (2 ) levels , namely :
- Court Tentar
- Military Supreme Court .
Soldiers judicial authority to hear criminal cases which are crimes and violations committed by :
- Soldiers Army ( AD ) of the Republic of Indonesia , Navy and Air Force
- Persons who by the president of the PP set equal to soldiers
- Persons that do not belong groups ( a) and ( b ) but related to military interests .
The court is also authorized to prosecute anyone , if the crime committed is included in titles I and II of book II of the Criminal Code were made in the areas stated in danger .
Army Court is the court of first instance the authority to hear the case with the rank of captain accused soldiers down .
Military Supreme Court , at the first and last case :
1 . Defendants as low -ranking Major
2 . A person who if sued in a regular court terminated by PT or MA
3 . Dispute the authority of the Supreme - court-martial
Military Supreme Court on the second level and the last , a case in which has been decided by court-martial . Trials separated into two trials for crime cases and cases of violations.
In 1948 the Government issued Government Regulation No. 37 of 1948 , which changed some provisions of the arrangement , the position and the areas of law that have been set previously . Government Regulation No. 37 of 1948 regulates the composition of the army judiciary :
1 . Court Forces
2 . Higher Military Court
3 . Military Supreme Court
Thus the two-tier justice system that is set before turned into three levels , with each authority ;
- Court soldier , judge in the first level of crime and offenses committed soldiers to the rank of captain under
- Higher Military Court , at first instance judge held the rank of Major soldier up . At the second level to examine and decide all cases that had been decided that the requested court-martial repeat examination .
- Military Supreme Court , at the first da last check and deciding cases of crimes and offenses committed by the Commander , Chief of Staff of the Armed Forces , Chief of Staff of the Army , Navy Chief of Staff , Chief of Staff of the Air Force , Army Commander Territory Sumatra , Java Territory Commander , Commander Sumtera territory , Unity Reserve Commander General , Chief of Staff of Defense Central Java and East Java Defence Chief of Staff .
Similarly, a glimpse of Peradikan Military in Indonesia, which may be useful for reading .
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