Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)

Verdict of Military Tribunals on Soldiers Committing Crimes and Fired Disrespectfully from the Military Service

Authors
Esron Sinambela
Corresponding Author
Esron Sinambela
Available Online 20 May 2020.
DOI
10.2991/aebmr.k.200513.018How to use a DOI?
Keywords
military justice, soldier, dismissal
Abstract

The crucial point in the administration of military justice is the role of a commander as the superior who has the authority to punish (Ankum) and submitter case officer (Papera). Because the subject of offense in military criminal law is a person or individual of the military, or persons who are likened to the military. In this case the institution cannot be tried in a military court environment, even though the policy has caused casualties to the community. The purpose of this study is to analyze and find out whether a respectful dismissal from military service is the authority of the Unit Commander for the soldiers under his command, and how the position of military judges who do not have command authority in imposing penalties to dismiss disrespectfully from military service. The formulation of the problem in this research is Is the disrespectful dismissal of military service as the authority of the Unit Commander for the soldiers under his command?.This research method uses a normative juridical approach which is carried out by examining literature sources.The results obtained in this study are to propose that in a military court ruling there is no need to impose a dishonorable discharge from military service. The provisions regarding superior command need to be sharpened so that commanders are more careful and careful in giving orders to their subordinates

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
Series
Advances in Economics, Business and Management Research
Publication Date
20 May 2020
ISBN
978-94-6252-969-4
ISSN
2352-5428
DOI
10.2991/aebmr.k.200513.018How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Esron Sinambela
PY  - 2020
DA  - 2020/05/20
TI  - Verdict of Military Tribunals on Soldiers Committing Crimes and Fired Disrespectfully from the Military Service
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 88
EP  - 91
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.018
DO  - 10.2991/aebmr.k.200513.018
ID  - Sinambela2020
ER  -