Pertanggungjawaban Pidana Prajurit TNI Pelaku Tindak Pidana Penganiayaan (Analisis Putusan Nomor : 39-K/Pm.I-02/Ad/IV/2023)

Abstract

Assault Is One Form Of Crime Against The Human Body That Frequently Occurs Both In The General Community And Within The Military Environment. TNI Soldiers, As State Apparatis Bound By The Sapta Marga, The Soldier's Oath, And Military Discipline, Bear A Higher Legal Responsibility In Maintaining Order And Safeguarding The Honor Of The Institution. Nevertheless, Cases Of Assault Committed Hy Individual TNI Soldiers Against Civilians Are Still Found, As Reflected In Military Court Decision Number 39-K/PMI-02/AD/IV/2023. In This Case, The Defendant, An Active-Duty Soldier, Commined Assouh Against Two Local Youths Motivated Hy Revenge For An Assault Previously Inflicted Upon His Nephew. The Act Resulted In Injuries To The Victims And Was Deemed By The Panel Of Judges As Conduct That Violated Criminal Provisions And Tarnished The Image Of The TNI. Based On This Background, This Study Examines The Regulation Of Assault Offenses Under Indonesian Criminal Law, The Form Of Criminal Liability Imposed On TNI Soldiers Who Commit Assault, And The Judicial Considerations Applied In Decision Number 39-K/PM.1-02/AD/IV/2023 Concerning The Imposition Of Criminal Liability On TNI Soldiers As Perpetrators Of Assault. The Research Method Employed Is Normative Juridical Research With A Descriptive-Analytical Nature, Using Secondary Data Consisting Of Primary. Xecondary, And Tertiary Legal Materials. Data Were Collected Through Library Research And Document Study And Subsequently Analyzed Qualitatively To Address The Research Issues. The Results Indicate That The Regulation Of Assault Has Been Comprehensively Stipulated In The Criminal Code (KUHP), The New Criminal Code, And Specific Legislation. TNI Soldiers Remain Subject To Criminal Liability Based On The Principle Of Mullum Crimen Sine Culpa And Are Governed By The Provisions Of The Military Criminal Code (KUHPM) And Military Disciplinary Regulations. The Legal Considerations Of The Panel Of Judges In The Decision Were Based On The Fulfillment Of The Elements Of The Assault Offense, The Presence Of Intent, Emotional Motive, And The Impact On The Image Of The TNI. The Court Imposed A Conditional Sentence, Taking Into Account Considerations Of Justice, Utility, And Military Discipline Development, While Also Providing The Defendant With An Opportunity For Self-Improvement.