PENERAPAN PIDANA PEMECATAN TERHADAP ANGGOTA TENTARA NASIONAL INDONESIA SEBAGAI PELAKU TINDAK PIDANA
Abstract: The judge basic
consideration in condemning discharge sentence can be seen from the crime which
is committed by military and its effect to the name of Indonesian National
Armed Forces (TNI). When the crime which is committed by military gives
negative effect to the norm of TNI, so it can be used as a basic consideration
to give discharge sentence. Besides, it can be seen from the status of the
military who committed a crime. When the military did a crime repeatedly, it
can be used as a basic to give a discharge sentence. The existence of discharge
sentence still need to be taken care in the future to give deterrent effect to
the military. The regulation of discharge sentence in KUHPM must be separated
with Civil Penal Code (KUHP) in separated codiļ¬ cation. In the future,
KUHPM has to formulize explicitly about
criteria in discharge sentence application to military as an offender.
Kata kunci: pidana pemecatan, TNI, tidak
layak, KUHPM
Penulis: Supriyadi
Kode Jurnal: jphukumdd080075