ANALISIS YURISDIKSI KEWENANGAN PENGADILAN DALAM MENGADILI TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH ANGGOTA MILITER BERSAMA-SAMA DENGAN ORANG SIPIL

Abstract

Military Courtship is one of the judicial actors in other judicial sectors, such as general, religious, state administrative, Supreme, and Constitution Courts. The Military Courtship authorizes to adjudicate criminal acts committed by military personnel, equated with military administrative case. In line with its development, special regulations administrating corruption act and courtship are issued. The issuance this special regulation, however, contradicts with its implementation, particularly corruption act committed by active military personnel along with civilian. As a consequence, the determination of competent jurisdiction authorizes to adjudicate becomes a big question mark. To settle this dispute or conflict among the existing regulations, it may sufficiently employ: 1) the principle of Lex superior derogat legi inferior (the most superior rules waive the most inferior rules); 2) the principle of Lex posteriori derogat legi priori (the new rules waive the previous ones); and 3) the principle of Lex specialis derogat legi generali (the special rules waive common rules). Thus, the principle of lex spesialis systematis can be used as derivative or accessoir of the principle of lex specialis derogate legi generalis. This principle, in Netherlands, is known by the term specialitas yuridikal or specialitas sistematikal or Enschede, articulating as logische specialiteit. The reformation and reconstruction ideas of military court system are subsequently intended by the Stipulation of the People’s Consultative Assembly Number VII/2000 stating that two norms are applicable for Indonesian Army soldiers, which are structural/institutional norm for Indonesian Army soldiers and substantive norm, a norm regarding materially criminal law for any soldier breaching general crimes. The reformation/reconstruction of military crimes system must be exercised comprehensively/integrally comprising of its substance, structure, and culture.