Alasan Kasasi Oditur Militer Dan Pertimbangan Hukum Mahkamah Agung Dalam Memutus Perkara Dengan Sengaja Dan Terbuka Melanggar Kesusilaan

Abstract

      This research aims is to understand  the military oditur cassation reason and the accordance of supreme court judicial consideration  in the matter of deliberate and open breaking decency have in is with the article 239 paragraph ( 1 ) and article 243 the act of number 31 1997. This normative or doctrinal research. This decency millitary, is criminal case.Criminal act  is a mixture of criminal military and military as the subject of the criminal act of this military .The procedural military criminal law was made for applied for military officers who commit a criminal act , nevertheless the procedural military criminal law not so alone can nullify the provisions that exist in common criminal law .

     This can be seen from article the procedural military criminal law that determines emphatically the existence of relations between the procedural military criminal law with penal law. The  judge consideratiom in deciding Putri Kurnia case consist of juridice and non juridice consideration. Judge in deciding a matter, always faced with the principle of legal certainty, the principle of justice and the principle of utilition. In judicial participal, it is very difficult for a judge to accommodate the third. In the face of this situation judge must choose one of third principle. In this case the judge prefer to choose legal certainty and being unjust. Finally defendant was fired from the army because she did intolerable and in appropriate criminal act.

     Keywords : Crime decency, cassation, oditur military