Pre-Trial in the Criminal Justice System in Military Criminal Judges in Indonesia


  • Sugeng Sutrisno Universitas Krisnadwipayana



Pretrial, Military Criminal System, Indonesia


Law enforcement in the Military Court System in the settlement of criminal cases committed by TNI soldiers is seen as not yet fully guaranteeing legal protection for the rights of suspects, this is due to the absence of a control agency that oversees the actions of law enforcement officers in carrying out their duties and authorities as is the case in the system. General Court. This condition should not drag on indefinitely, because it will affect the law enforcement process and harm the suspect to fight for his rights to obtain justice which results in human rights violations (TNI soldiers).

The purpose of the establishment of the Pretrial Institution is as stated in the Elucidation of Article 80 of the Criminal Procedure Code which states that this article intends to uphold law, justice, and truth through horizontal supervision.

Settlement of criminal cases in Indonesia in addition to the Code of Criminal Procedure Code (KUHAP) which applies to civil society, we also recognize the existence of the Military Criminal Procedure Code which is regulated in Law Number 31 of 1997 concerning Military Courts, namely the law that regulates the procedure for resolving criminal cases. a criminal case committed by a TNI soldier. The Law on Military Courts includes the provisions of the litigation process (Military Criminal Procedure Law) starting from the investigation stage, submission of cases, the examination process at trial to the implementation of decisions. 31 of 1997 does not regulate pretrial. In several cases in the Military Court where a suspect was detained without a warrant for detention or was late in obtaining a warrant for detention, therefore such actions may conflict with the principles applicable in the provisions of criminal law so that they do not respect the position of the suspect as a creature created by God, even the act can lead to human rights violators. Therefore, in the military justice system in Indonesia, pretrial institutions are needed as a form of horizontal external supervision.


Download data is not yet available.


Ahmad Mujahidin, (2007). One Roof Court in Indonesia, PT Refika Aditama, Bandung. Andi Anas Chaerul M., (2021). http;// accessed on 7 August 2021.

Article 1 paragraph (9) of Law Number 31 of (1997) concerning Military Courts.

DY. Witanto, (2019). Pretrial Procedural Law in Theory and Practice, Maji Cipta Karya, Jakarta.

General Elucidation of Law of the Republic of Indonesia Number 31 of 1997, General Secretariat of TNI Headquarters, Jakarta, 1999.

In the Technical Manual Number Kep/428/V/2016 dated May 23, (2016). Concerning the Authority of Papera and Ankum within the Indonesian Army.

Johnny Ibrahim, (2010). Normative Law Research Theory and Methodology, Bayumedia Publishing, Malang,

Kaka Alvian Nasution, (1945) Constitution and Amendments plus Profile of the President and Vice President 2014-2019, First Printing, 2014.

Luhut M.P. Pangaribuan, (2008). Renewal of the Criminal Procedure Code: Official Letters in Court by an Advocate, Djambatan, Jakarta.

Mochtar Kusumaatmadja (2002) Legal Concepts in Development-Function and Development of Law in National Development, Center for the Study of Archipelago Insights, Bandung Alumni.

Soedikno Mertokusumo, (1985). Knowing the Law is an Introduction, Liberty, Yogyakarta.

Soerjono Soekanto (1983). Factors Affecting Law Enforcement, Rajawali, Jakarta.

Soetandyo Wignjosoebroto (1995). Sebuah Pengantar ke Arah Perbincangan tentang Pembinaan Penelitian Hukum Dalam PJP II, Makalah, Disampaikan dalam Seminar Akbar 50 Tahun Kemerdekaan, BPHN, Departemen Kehakiman, Jakarta.

Stiawan Widagdo (2012). Kamus Hukum, Prestasi Pustaka, Jakarta.

Sudikno Mertokusumo. (2005). Mengenal Hukum Suatu Pengantar, Liberty, Yogyakarta.




How to Cite

Sutrisno, S. 2021. Pre-Trial in the Criminal Justice System in Military Criminal Judges in Indonesia. International Journal of Business and Social Science Research. 2, 11 (Nov. 2021), 1–9. DOI: