Friday 21 February 2014

Military Justice

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 :

  1. Cimahi : Java, Madura , Palembang , Bangka , Belitung , Riau , Jambi , Bengkulu , Lampung , Kalimantan , Bali , Lombok .
  2. Padang : West Sumatra , Tapanuli , Aceh and East Sumatra
  3. Makassar: Sulawesi , Maluku and East
  4. 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 :

  1. Sinbankan ; judges who gave the verdict
  2. Yosinkan ; judges who examined the case before trial
  3. Kensatakun ; prosecutor
  4. Rokusi ; registrar
  5. 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 :

  1. Court Tentar
  2. Military Supreme Court .

Soldiers judicial authority to hear criminal cases which are crimes and violations committed by :

  1. Soldiers Army ( AD ) of the Republic of Indonesia , Navy and Air Force
  2. Persons who by the president of the PP set equal to soldiers
  3. 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 ;

  1. Court soldier , judge in the first level of crime and offenses committed soldiers to the rank of captain under
  2. 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 .
  3. 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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