Research Article
Military Judgment Considerations Unworthy (Ongeschikt) for The Perpetrator of Immoral Criminal Act
@INPROCEEDINGS{10.4108/eai.14-4-2021.2312890, author={Tumbur Palti D. Hutapea}, title={Military Judgment Considerations Unworthy (Ongeschikt) for The Perpetrator of Immoral Criminal Act }, proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLHR}, year={2021}, month={10}, keywords={criminal act; decency; tni soldiers}, doi={10.4108/eai.14-4-2021.2312890} }- Tumbur Palti D. Hutapea
Year: 2021
Military Judgment Considerations Unworthy (Ongeschikt) for The Perpetrator of Immoral Criminal Act
ICLHR
EAI
DOI: 10.4108/eai.14-4-2021.2312890
Abstract
Apart from being committed with civilian cases, cases of decency crime are also encountered with military status, even being processed in military courts. The scope of decency in this study is participating in adultery as formulated in Article 284 of the Criminal Code. The threat of criminal sanctions for decency is not only imprisonment, but additional punishment of dismissal from military service. Military judges in imposing additional sentences of dismissal must be based on reasons for considering whether or not they are eligible to serve in the military environment. There is a disparity problem among military judges in interpreting the inappropriate meaning of a TNI Soldier so that it impacts the image in society.
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