Rasdy, Teddy Novara Putra (2023) Tinjauan Terhadap Proses Penanganan Perkara Tindak Pidana Yang Melibatkan Oknum Tni Dan Sipil Di Wilayah Hukum Kejaksaan Tinggi Riau. Other thesis, Universitas Islam Riau.

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Abstract

Judicial institutions in Indonesia within their environment have different authorities where there are military courts with legal subjects, namely the military and general courts, whose legal subjects are civilians. Military members when carrying out their responsibilities cannot be separated from the possibility of violations they commit, one of which is a criminal act. Connectivity crime is a crime in which the perpetrators are civilians and members of the military who are carried out simultaneously as regulated in Article 89 paragraph (1) of the Criminal Procedure Code and Law Number 31 of 1997 concerning Military Justice. There are obstacles in which court prosecution has the right to try connectivity cases because prosecution goes through two doors between the Prosecutor and the Prosecutor. This research aims to find out the process of handling criminal cases involving TNI and Civilian Personnel in the jurisdiction of the Riau High Court and Prosecutors' obstacles in the Military Criminal Field of the Riau High Court in handling connectivity crime cases involving civil society and TNI Personnel after the formation of the Junior Attorney General Military Crime. This research was conducted in the Legal Area of the Riau High Prosecutor's Office, namely in the Military Crime Sector of the Riau High Prosecutor's Office and the Military Authority I-03 Pekanbaru by conducting structured interviews and also questions developed in the presence of informants and a review was carried out utilizing existing materials as explanatory such as documents, literature and laws and regulations governing the killing of protected animals. The research method that the author uses in writing this thesis uses a type of legal research with the Normative-Empirical method, namely a research method that combines elements of normative law which is then supported by additional data or empirical elements obtained from respondents. While this research is descriptive in nature, the researcher tries to provide a detailed and clear description of the review of the criminal act of participating in the killing of protected animals while alive. Based on the results of the research, it shows that there are several examples of cases in the process of handling cases involving TNI and civilian elements in the jurisdiction of the Riau High Prosecutor's Office, where splitting of criminal case files (splitzing) is still being carried out, in which these rules do not work according to the provisions of connectivity arrangements in Indonesia's Positive Law, namely regulated in Article 89 Paragraph (1) of the Criminal Code and Law Number 31 of 1997 concerning Military Justice. An obstacle that has become an obstacle for the Prosecutor in the Military Crime Sector of the Riau High Court in handling cases of connectivity crimes involving civil society and members of the TNI after the establishment of the Junior Attorney General for Military Crime is related to the Military Criminal Sector as a new field structure within the scope of the Attorney General's Office of the Republic of Indonesia which is regulated in in Presidential Regulation Number 15 of 2021 concerning the Organization and Work Procedure of the Attorney General's Office of the Republic of Indonesia which has the aim of realizing a functional prosecution relationship between the Prosecutor and the Prosecutor, namely the complexity ofthe problem of the connectivity case settlement procedure so that a separateexamination is carried out in the settlement of connectivity cases where a casescarried out jointly by someone who is subject to the jurisdiction of the generalcourt and the jurisdiction of the military court, as well as other obstacles, namelythe absence of instructions in the form of SOPs related to technical coordinationbetween prosecutors in the field of military crime and military auditors.

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