Tinjauan Yuridis Terhadap Tindak Pidana Penjualan Amunisi Senjata Api Secara Ilegal Yang di Lakukan Oleh Anggota Milter Yonif 754/Enk (Studi Putusan Nomor 10-K/PM.III-19/AD/I/2020)

Abstract

The criminal act of illegally selling ammunition and firearms by a military member constitutes a serious violation of national law and the integrity of the Indonesian National Armed Forces (TNI). This study addresses three key issues: first, the legal provisions concerning the criminal offense of illegal sale of firearm ammunition by military personnel in Indonesia; second, the legal procedures for handling such offenses; and third, the judicial considerations in the Military Court Decision No. 10-K/PM.III-19/AD/I/2020 involving a member of Yonif 754/ENK. This study aims to conduct a juridical analysis of the regulations, legal processes, and judicial reasoning in the case, particularly as reflected in the aforementioned decision. The research applies a normative juridical method with statutory, case, and conceptual approaches, drawing data from relevant legislation, court decisions, and scholarly literature. The findings show that the offense is regulated under the Indonesian Military Penal Code (KUHPM) and Emergency Law No. 12 of 1951. The legal process follows the military judicial system as governed by Law No. 31 of 1997, involving the Military Police as investigators, the Military Prosecutor (Oditur) as the public prosecutor, and the Military Court as the adjudicating body. In adjudicating the case, the panel of judges considered juridical, philosophical, and sociological aspects, along with national security factors. In this case, the defendant was sentenced to five years of imprisonment and dishonorably discharged from military service. The study concludes that, although the legal framework is sufficiently firm, internal supervision must be strengthened. There is also a need for continuous legal education and a strong commitment to fair law enforcement without tolerance for violations, in order to uphold the honor and public trust in the military institution.