KONSTRUKSI HUKUM KEWENANGAN PERADILAN MILITER DALAM MENGADILI TINDAK PIDANA KORUPSI (Analisis Yuridis Undang-Undang Nomor 31 Tahun 1997 tentang Peradilan Militer)
Abstract
The enactment of Law Number 31 of 1997 concerning Military Justice (Military Justice Law) serves as the primary basis for administering justice for military personnel. However, the Corruption Crime Law and the Corruption Eradication Commission Law, as lex specialis, have prompted legal polemics over the Military Court’s absolute authority to adjudicate corruption cases involving its personnel. This conflict of norms has created legal uncertainty and formed an unresolved academic debate. This study aims to analyze the legal construction of the Military Court's authority after the enactment of Law No. 31 of 1997. It also seeks to identify and examine emerging normative conflicts between military law and other laws and regulations in corruption cases. The study uses a normative legal approach, combining statutory and conceptual perspectives. The data used are secondary, consisting of primary, secondary, and tertiary legal materials analyzed qualitatively. The study’s results indicate that the Military Justice Law grants the Military Court absolute authority over all crimes by military personnel, including corruption. However, this construction conflicts with the principle of lex specialis derogat legi generali in the Corruption Eradication Law and the Corruption Eradication Commission Law. These laws grant authority to general courts (through the KPK/Prosecutor's Office). This conflict creates legal disharmony and can lead to forum shopping.
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