PERTIMBANGAN HAKIM MILITER TINGGI MENJATUHKAN PUTUSAN PEMIDANAAN DALAM PERKARA PENIPUAN PUTUSAN NOMOR 14-K/PMT-II/AU/II/2023

Abstract

This study examines the judicial reasoning of the High Military Court in imposing criminal sanctions in a fraud case as reflected in Verdict Number 14-K/PMT-II/AU/II/2023. Judicial considerations within the military justice system hold a crucial role, as they not only determine the criminal liability of the accused but also aim to uphold discipline, honor, and institutional integrity of the Indonesian National Armed Forces. Therefore, an evaluation of the quality of judicial reasoning is essential to assess the coherence between legal facts, the evidentiary framework, and the applicable legal norms. This research focuses on the compliance with Article 171 of Law Number 31 of 1997 on Military Justice, which requires judges to base their decisions on lawful evidence and to provide clear legal reasoning and grounds. The research employs a prescriptive normative legal method using a case approach and a conceptual approach. The findings reveal that while the requirements of Article 171 of Law Number 31 of 1997 have been formally satisfied, substantively the judges’ considerations have not fully embodied the principles of discipline and integrity inherent in military justice.