MILITARY JUSTICE

(Peradilan Militer)

Disusun oleh :
 Putri Cahya
 basith
 Rafli
 Iqbal
 Abdul kholik
 Helmi
 HISTORY
This military court was only formed after the issuance of law No. 7 of
1946 on 8 june 1946. However, this does not mean that during the
period between 5 october 1945 and 8 june 1946 in the armed forces
there was no law and justice. It has become a principle in particular for
TNI leaders that in any case justice must always be upheld. That at that
time due to the situation that military courts had not yet been held, it dad
not mean that againts violations of the law there was absolutely no
action whatsover, as is know in the millitary environment disciplinary law
always applies, this was at the time violations committed in the
environment ABRI wasresolved and justice was upheld.
That this disciplinary court as a tool to uphold justice, especially within
the armed forces environment is indeed felt to be still inadequate, it can
be proven by the issuance of law No. 7 of 1946 concerning regulations
to hold an army court in addition to the ordinary court.

THE AUTHORITY OF MILITARY JUSTICE

Military courts are the implementing bodies of power within the armed
forces / TNI and culminating in the supreme court of the republic of
indonesia as the highest court.
In accordance with the provisions of article 40 of law number 31 of
1997 concerning millitary court, that military court has the authority to
examine and try and decide on the first level, a criminal case committed
by someone who at the time of commiting a crime is :
1. Soldiers with the rank of captain
2. Those based on the law are same as soldiers
3. Members of a group,position, body that is a soldier based on the
law
4. Someone who, based on the decision of the commander with the
approval of the minister of justice, must be tried by a court in the
military court environment.
High military courts have authority :
  Check, decide and resolve military administrative disputes in this
case as acourt of first instance examine and decide (at the first
and last level)
 disputes over the authority to adjudicate between military courts
within their jurisdiction.

MAIN TASKS AND FUNCTION

Jakarta Military Court II-08 has the main duties and functions of
examining and deciding cases on the first level of criminal cases
committed by active TNI Soldiers, where the defendant ranks Captain
down, Military Courts are limited by only examining criminal cases
committed by TNI Soldiers with Captain's rank below, this shows there
are special rules which are limited by rank, as explained in Article 40 of
Law Number 31 of 1997 concerning Military Courts.

In carrying out these basic tasks, the Jakarta Military Court II-08 has the
following functions:

1. Providing judicial technical services and clerical administration to

justice seekers at the first level.
2. Providing services in the field of case administration for appeal,
appeal, cassation, reconsideration and clemency and other judicial
administration for justice seekers.
3. Providing general administrative services, staffing and financial
administration as well as improving IT skills, to all elements of
officials, as well as staff at the Jakarta Military Court II-08.
4. Provide fair legal and administrative services to justice seekers
according to their needs and have been regulated by laws and
other regulations.