Discussio Criminal Offense of Fraud Committed By Members of The Indonesian National Army (TNI)

Abstract

The crime of fraud committed by members of the Indonesian National Army (TNI) can damage the integrity and image of the military institution. This study aims to analyze the settlement mechanism of criminal fraud cases by members of the Indonesian National Army (TNI) in the Military Court based on Law Number 31 of 1997. A normative juridical approach with descriptive method is used to examine the stages of settlement, including investigation, prosecution, and implementation of decisions, through a case study of Decision Number 41-K/PM.I-02/AD/III/2024. The results showed that the settlement of the case began with an investigation by the Military Police, continued with prosecution by the Military Oditur, and ended with the execution of the decision in the military court. The judge's consideration in handing down the verdict is based on juridical and non-juridical factors. The imposition of criminal penalties and dismissal from military service reflects the function of the Military Court in maintaining the discipline and integrity of the TNI.