| Summary: | This study aims to asses, to analysis and to explain the reasons that cause
not made revision yet to the Act 31 of 1997 on Military Court and how it should
the rules of law enforcement to the criminal acts that involves military in the
future and continuity for politic purpose of the criminal law. Research method
used in this legal research is normative legal research and empirical legal research.
In the normative legal research is conducted document research related to
the enforcement of criminal law for military and military criminal. Meanwhile,
the empirical legal research is the research to the primary data conducted by
interview to competent source related to the problems that are conducted as
follows: The Departement of deffence, The Institution of Military of Indonesia,
The main of Military Court Jakarta and the last one is an Expert of Military Law.
The data obtained is analyzed using descriptive-prescriptive method.
Based on research results, it can be concluded that since 2000 it has been
conducted the effort to revise Act 31 of 1997 on Military Court but the efforts did
not the results because it did not achieve meeting of mind between the
government and the parlement and about jurisdiction of military court. There is a
tendecncy that The ministry of defense and the military of Indonesia use the
military court as a protector that conducts the general criminal act from justice
enforcement process in the lawsupreme and civil supreme.The failure of legality
or form the new Act of Military Court serve evidence that this case is still
stagnant related to politic purpose included in and Act 34 of 2004 that want the
military obeys under the Military Court in the unlawful criminal act and then
obeying under the military Court in the general unlawful criminal law. In this
research also makes the concept of law enforcement rules to the criminal act that
involves the military in the future.
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