THE PRINCIPLE OF EXECUTORIAL IN ADDITIONAL PENALTY OF DISMISSAL IN MILITARY COURT DECISIONS

Abstract

Purpose of the study: The principle of carrying out the execution of additional penalty of dismissal on the decision of the military court aims to find new legal principles and theories as a solution to the problem of obscurity and norm inconsistencies in the articles of additional penalty of dismissal from military service. Legally the authority to carry out military court decisions is with the Military Oditur, but factually it is exercised by Ankum.

Methodology: To answer the legal issues regarding the difference between das sollen and das sein, a research was carried out using a normative juridical methodology that wanted to examine the legal norms that led to multiple interpretations and norm inconsistencies in the Kuhapmil (Military Criminal Code) articles and the TNI (Indonesian National Army) Administration law. Main Findings: Philosophically the dismissal of soldiers from military service aims to expel those concerned from the TNI institution because they are not worthy of being defended as soldiers by considering the principles of organizational interests, military interests and executorial principles in order to create legal certainty, benefit and justice. As a reference to the execution of dismissal decision carried out by Military Oditur in coordination with Ankum to determine the status of the convicted person to be no longer a member of the military. Research on principles of executorial in additional penalty of dismissal from military service is the researcher's idea because no one has examined the issue beforehand so that this idea was purely born from the researcher's own thoughts. Applications of this study: this study can be useful in military court Novelty/Originality of this study: The new in this study that may find new legal principles and theories as a solution to the problem of obscurity and norm.