Law enforcement against Indonesian army soldiers committing the criminal act of bigamy (Case Study of Supreme Court Decision Number 108 K/MIL/2023)
Purpose: There are many cases of multiple marriage crimes committed by Indonesian Army soldiers who are subject to criminal penalties as stipulated in Article 279 paragraph (1) Ke 1 of the Criminal Code, the law enforcement is not yet concrete and consistent. Based on SEMA 3 of 2015, soldiers who commit multiple marriage crimes must be dismissed from military service, but in the Supreme Court Decision Number 108 K / MIL / 2023 they were acquitted. From this background, the author examines how law enforcement and the impact of the decision are carried out using qualitative normative legal research with phenomenology and a descriptive case approach. Research/methodology: The theories used in this study are the theory of criminal responsibility and the theory of deterrence (Deterrence theory). Conclusions: The conclusion of this study is that law enforcement against Indonesian Army soldiers is carried out by law enforcement officers in a Military Justice system in accordance with Law Number 31 of 1997 concerning Military Justice, while the impact of the acquittal can have an impact on the law, an impact on the consistency of law enforcement, an impact on institutions, an impact on the perpetrators and also an impact on the family.
Authors
- Slamet Riyadi (ORCID: https://orcid.org/0000-0002-8544-2830)
Publication Details
- Journal
- Dynamics of Politics and Democracy
- Published
- 2025-06-02
- DOI
- https://doi.org/10.35912/dpd.v4i1.2981
- Primary Topic
- Legal Studies and Policies
- Type
- article
- Field-Weighted Citation Impact
- 0.00