KOMPETENSI PENGADILAN MILITER DAN PENGADILAN UMUM DALAM PELAKSANAAN PENYIDIKAN TINDAK PIDANA UMUM YANG DILAKUKAN OLEH PRAJURIT MENURUT PASAL 65 AYAT 2 UNDANG-UNDANG NOMOR 34 TAHUN 2004 TENTANG TNI (STUDI DI PENGADILAN MILITER II-08 JAKARTA)

This thesis is berttested to know the competence of military courts and public courts in the implementation of a general criminal investigation conducted by soldiers pursuant to section 65 paragraph (2) of Law No. 34 year 2004 concerning TNI in handling cases of TNI soldiers who conduct a general criminal offence. Another problem raised by the author is about the authority problem between military justice and the General Court IN bringing the case of army soldiers who conduct a general criminal act because the military Justice parties ARE reluctant to bring the TNI who commit a general criminal act brought to the general Court when Constitution Page 65 Paragraph 2 Of Law Number 34 Year 2004 Concerning TNI explained that: "Soldiers are subject to military judiciary power in violation of military criminal law and are subject to general judicial power in the case of public criminal law violations governed by law" That is why it is interesting to discuss the issues especially related to the investigation because investigators in the case of general criminal acts are the police. So it can be concluded that Constitution Page 65 Paragraph 2 Of Law Number 34 Year 2004 Concerning TNI is still a dead end in handling the case of soldiers who commit a common criminal offence this is because the implementation of the rule of law is still not realized until now. In this study the author used normative Research Methods by studying the theories, concepts, principles of law and legislation related to this research and supported by Research conducted on the real state of the TNI environment with the intent and purpose of discovering the facts, which then headed on the identification of the problem, and eventually headed on Problem solving. For the effectiveness of the implementation of Law Number 34 of 2004 concerning the TNI, there needs to be an evaluation in the formation of legislation such as revamping the material law, even Constitution Page 65 Paragraph 2 Of Law Number 34 Year 2004 Concerning TNI is a mandate for reform and constitution in order to uphold the principle of equality in before the law or "equality before the law", but it does not rule out the possibility that this law needs an evaluation or revision of the law. In this research efforts were made to find a solution and produce answers to the problems contained in this study