SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 84, 1997 | (explanation in Additional State Sheet of the Republic of Indonesia Number 3713) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 31 YEAR 1997
ABOUT
MILITARY JUSTICE
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that the State of the Republic of Indonesia as a legal state based on Pancasila and the Constitution of the Constitution of 1945 aims to realize the life of a prosperous, safe, tenterized, and healer nation;
., b. that to realize such a life order is necessary to uphold justice, truth, order, and the legal certainty that it can provide a society, it can encourage the creativity and active role of society in the development;
., c. that one attempt to uphold justice, truth, order, and certainty of the law is through military justice as referred to in Law Number 14 of the Year 1970 on the provisions of the Pokok Power. The Judiciary. The Law No. 20 of 1982 on the provisions of the Security Defense of the Republic of Indonesia as amended by Law No. 1 of 1988 on Change of Law No. 20 Year 1982 Regarding the provisions of the Security Defense Forces of the Republic of Indonesia determined that the Armed Forces have its own judiciary and the commanders have the authority to surrender the case:
., d. that setting up about the courts and the oditurates and the laws of the military criminal events that have been in effect in various laws is no longer in compliance with the spirit and spirit of Act No. 14 of 1970 on the Pokok provisions. Rule of Justice and Law Number 20 of 1982 on the provisions of the State Security Defense of Indonesia as amended by Law No. 1 of 1988 on Changes to the Law Number 20 Year 1982 on the provisions of the Republic of the Republic of the State Security Pocings Indonesia and the development of national law;
., e. that under the Code No. 5 of 1986 of the Judicial Fair of State and Law No. 2 of 1988 on the Armed Forces of the Armed Forces of the Republic of Indonesia, the military courts are also authorized to inspect, cut, and resolve dispute with the Armed Forces business;
., f. that in respect of such considerations in letters a, the letter b, the letter c, the letter d and the letter e above are required to be set in order to re-establish the order and power of the courts and the oditurates in the military judicial environment, the law of the event military criminal, and the law of martial law events in one undrau;
.,, Given: 1. Section 5 of the paragraph (1), Section 20 of the paragraph (1), Section 24, and Section 25 of the Basic Law of 1945;
., 2. Law Number 14 of the Year 1970 on the provisions of the Underlying Powers Of Justice (letter Of State Of 1970 Number 74, Additional Sheet Of State Number 2951);
., 3. Law No. 20 of 1982 on the provisions of the Basic Security Defence of the Republic of Indonesia (State Gazette 1982 number 51, Additional Gazette number 3234) as amended by Law No. 1 of 1988 about the Change of the Law No. 20 of 1982 on the Provisions Of The Subject Of The Security Defense Of The Republic Of Indonesia (The State Sheet Of 1988 Number 3, Additional State Sheet Number 3368);
., 4. Law No. 14 Year 1985 on Supreme Court (State Sheet 1985 Number 73, Additional Gazette State Number 3316);
. .5. Law No. 5 Year 1986 on Judicial System Of State Enterprises (State Sheet 1986 Number 77, Additional Leaf Country Number 3344);
., 6. Law No. 2 of 1988 on the Armed Forces of the Armed Forces of the Republic of Indonesia (State Sheet of 1988 Number 4, Additional Sheet States Number 3369);
With Approval
THE REPUBLIC OF INDONESIA ' S REPRESENTATIVE COUNCIL
DECIDED:
Establish: LEGISLATION ON MILITARY JUDICIARY.
BAB I
UMUM PROVISIONS
The First Part
Understanding
Section 1
In this Act referred to:
., 1. The Court is the governing body of judicial power in the military judicial environment that includes the Military Tribunal, the High Military Court, the Main Military Court, and the Military Court of the Battle.
., 2. Military Oditurat, Oditurat Military High, Oditurat General of the Armed Forces of the Republic of Indonesia, and Oditurat Military Battle which was subsequently called Oditurat were the body in the Indonesian Armed Forces ' environment that did The power of government in the field of prosecution and inquiry is based on the devolution of the Commander of the Armed Forces of the Republic
., 3. Agency or Acting Officer of the Armed Forces of the Republic of Indonesia which is the next Agency or Acting Officer of the Armed Forces Environment of the Republic of Indonesia and the Department of Defense. Security as well as other entities or officials under the terms of applicable laws, authorities issue a decision related to the establishment of the coaching and use of the Armed Forces of the Republic of Indonesia as well as State security defense management.
., 4. A Military Judge, High Military Judge, Supreme Military Judge, who is next called the Judge are the officials who each carry out the powers of the judiciary on the court.
. .5. The Chief Justice is the Judge who chaired the assembly of judges in the trial trial.
., 6. The Member Judge is the Judge who is a member of the judge ' s assembly at the court proceedings
., 7. An Oditur is an official who is authorized to act as a public prosecutor, as the executor of the Court in the military judicial environment or the Court of Justice. in the general judicial environment in criminal cases, and as an investigator in accordance with the provisions of this Act.
., 8. Oditur General of the Armed Forces of the Republic of Indonesia, Oditur General, is the highest general prosecutor in the Armed Forces, the head and highest responsible charge of Oditurat who controls the execution of duties and Oditurat's authority.
., 9. The person who is authorized to punish is a direct superior who has the authority to bring down disciplinary punishments under applicable laws and are authorized to conduct an investigation under this Act.
., 10. The Officer of the Surrender is the officer who by or on the basis of this Act has the authority to determine a criminal case committed by the Armed Forces of the Republic of Indonesia which is under his command authority. submitted to or completed outside the Court in the military judicial environment or the Court in the general judicial environment.
., 11. The subsequent Investigations of the Armed Forces of the Republic of Indonesia are the Atasan of the Berkuhum, a certain Military Police officer, and Oditur, who were authorized specifically by the Act to conduct the investigation.
., 12. An associate investigator is a particular officer of the Armed Forces of the Republic of Indonesia who is located and given special authority by this Act to conduct the inquiry.
., 13. A man's hand is caught on the day of a crime, or as soon as some of the crimes are committed, or is then called by a crowd as the person who did it, or is it that the person who did it, or the other one, is called a "man" When a moment of death comes to him, a suspected object has been used to perform the crime, which suggests that he was the culprit or committed or assisted in committing the crimes.
., 14. A report is a notification delivered by a person due to the rights or obligations under the law to the official who is authorized to have committed or are being or suspected of a criminal event.
., 15. A complaint is a notification with a request by a party of interest to the official who is authorized to act according to the law of a person who has committed a criminal complaint which is in turn.
., 16. An investigator is a series of Investigations of the Armed Forces of the Republic of Indonesia in terms of and according to the manner set in this Act to seek and collect evidence that by which evidence is made clear of the criminal offence. What happened and to find the suspect.
., 17. The following is an act of the Armed Forces of the Republic of Indonesia as a temporary restraint, while the time of freedom of suspect or defendant, if there is sufficient evidence in the interests of the inquiry or prosecution and/or the judiciary in the matter of the United States. as well as in the manner set out in this Act.
., 18. A body search is an act of Investigator of the Armed Forces of the Republic of Indonesia to hold an examination of the body and/or clothing of the suspect in search of a suspected object on his body or under it and, to be confiscated.
., 19. The search for the house was an act of Investigating the Armed Forces of the Republic of Indonesia to enter the house of residence and other closed places to conduct checkpoints and/or forfeiture and/or arrest in terms of and by means of which is set in this Act.
., 20. The Seizure is a series of Investigations of the Armed Forces of the Republic of Indonesia to take over and/or store under the exclusion of movable or intangible, tangible or intangible material, for the benefit of the intangible evidence of the Republic of Indonesia. The investigation, the prosecution, and the examination of the court hearings.
., 21. Detention is the placement of a suspect or a defendant in a particular place by the Investigator of the Armed Forces of the Republic of Indonesia at the order of Atasan the Entitled To Punish, The Surrender Officer Case, or the Chief Justice or the Chief Justice with the the decision/its determination in terms of and according to the manner set up in this Act.
., 22. The surrender of the matter is the act of Officer Surrender of Perkara to give up criminal proceedings to the Court in the military judicial environment or the Court in the public judicial environment, in order to be examined and tried. in terms of and in the manner set up in this Act.
., 23. The closing of the case is the act of Officer Surrender of Perkara not to give up criminal proceedings to the Court in a military judicial or judicial environment in a general judicial environment based on consideration for the sake of law or law. Military interests and/or general interest.
., 24. The termination of the prosecution is the act of the Perkara Surrender Officer not to submit criminal proceedings to the Court in the military judicial environment or the Court in the general judicial environment that is authorized because there is not enough evidence or What he did was not a crime in terms of and by the way he was set in this Act.
., 25. A suspect is a person who includes a military judicial yusticiable, which is because of his actions or circumstances based on evidence of a prelude to the alleged perpetrator of the criminal.
., 26. The defendant is a suspect charged, examined, and tried at a Court hearing in a military judicial or trial environment in a general judicial environment.
., 27. A witness is a person who can provide a description in the interests of the investigation, prosecution, and the judiciary about a criminal matter which he hears himself, he sees himself, and he is naturally alone.
., 28. Witness is one of the witnesses in the case of a criminal witness about a criminal event that he hears himself, he sees himself, and naturally himself, by calling the reasons for his knowledge.
., 29. An expert's description is a description given by a person who has a special skill set about what is necessary to make light of a criminal case in the interest of the examination.
., 30. A legal advisor is a person under the terms of the applicable law, meeting the requirements to provide legal assistance according to the manner set up in this Act.
., 31. Rehabilitation is the defendant's right to have his right to vote in his ability, position, and dignity and his dignity in the case the defendant is broken up by the Court in the military judicial environment or the Court in the general judicial environment. The verdict is not an idation according to the way that is set in this Act.
., 32. A convict is a convicted felon based on a court ruling in a military judicial environment or a court in a public judicial environment that has obtained a fixed legal force.
., 33. The Armed Forces of the Republic of Indonesia (also known as the Armed Forces System) is the administration of the Armed Forces of the Republic of Indonesia which carries out functions to host the coaching and use of the Force Armed with the Republic of Indonesia as well as the management of state security
., 34. The decision of the Government of the Armed Forces of the Republic of Indonesia to be called the Armed Forces Governance Decision is a written assignment issued by the Agency or the Acting Officer of the Armed Forces of the Republic of Indonesia contain legal action under the provisions of applicable laws, and in relation to the establishment of the coaching and use of the Armed Forces of the Republic of Indonesia and the management of the security defense of the country in the field of personnel materiel, facilities and services that are concrete, individual, and final, Which is a result of the law for people or the body of civil law.
., 35. Dispute over the Armed Forces of the Armed Forces of Indonesia, called the Armed Forces Efforts Dispute is a dispute arising in the field of the Armed Forces of the Republic of Indonesia between people or the legal entity of the civil service. with the Agency or Acting Officer of the Armed Forces of the Republic of Indonesia as a result of the issuer of the Decree of the Armed Forces Republic of Indonesia.
., 36. The lawsuit is a plea that contains charges against the Agency or the Acting Officer of the Armed Forces of the Republic of Indonesia and is submitted to the High Military Court to obtain a ruling.
37. The defendant is the person or legal entity of the data that is suing the defendant.
., 38. The defendant is an Agency or Acting Officer of the Armed Forces of the Republic of Indonesia who issued a decision based on the authority that is on him or which is devolve to him, which is being sued by the person or the body of the civil law.
., 39. The designation is the Decree of the Chief Justice or the Chief Justice in the military judicial environment, both inside and outside the hearing, regarding the criminal case or the case of the Indonesian Armed Forces of the Armed Forces which is not a ruling. End.
., 40. A remedy is the right of a person who is a victim of a direct or indirect criminal offence, in order to obtain the fulfillment of his claim in exchange for a sum of money in a way that is governed in this Act.
41. The legal effort is:
.,
., a., a. In the Law of the Military Criminal Event, the rights of the accused or Oditur not to accept the first and last degree court rulings or the level of appeal or level of cassation that may be resistance or appeal or cassation or rights. penal or heir or Oditur to apply for a review of the court ruling that already obtained the legal powers remain in terms of as well as in the manner set up in this Act;
., b. In the Law of the Military Order Event, the plaintiff or the plaintiff for not receiving a first-degree trial or level of appeal or degree of appeal or cassation, or a request for a review of the ruling that is already in the process of the Military. It has a fixed legal force and a third-party right to apply for the execution of a court ruling that already has a fixed legal force.
., 42. Soldiers of the Armed Forces of the Republic of Indonesia are called Soldiers who meet the requirements specified in the provisions of the laws and are appointed by officials who are authorized to devote themselves to the Republic of Indonesia. The defense of the state by carrying weapons, willing to crow, and taking part in national development and subject to military law.
43. The Armed Forces are the Armed Forces of the Republic of Indonesia.
44. Minister is the Minister of Defense of the Republic of Indonesia.
45. Commander is the Commander of the Armed Forces of the Republic of Indonesia.
Section 2
Not included in the Statutory Decisions of the Armed Services Act according to this Act:
., a., a. Armed Forces Governance Decision which is the work of the civil law;
., b. Decision of the Armed Forces Order of the Armed Forces used in the field of military operations;
., c. Decisions of the Armed Forces Governance are used in the fields of finance and the treasury;
., d. Decisions of the Armed Forces Governance are issued on the basis of the results of the judicial body examination under applicable law provisions;
., e. Decision of the Armed Forces Act issued under the provisions of the Code of Criminal Law or the Law of the Criminal Proceed Law or the provisions of other laws of the criminal law, criminal law military, and the law of warrior discipline;
., f. The decision of the Armed Forces Governance which is a common set of arrangements;
G. Decision of the Armed Forces Tata Effort which still requires approval.
Section 3
., (1) If the Body or Service of the Armed Forces Governing Entity does not issue a decision, whereas it is its duty, it is equated with the Decree of the Armed Forces Act.
.,, (2) If any or other of the Armed Services Tata Business officials do not issue a predetermined decision, while the deadline as specified in the provisions of the laws is referred to already, the Agency or the Corporate Governance Officer The Armed Forces are considered to have refused to issue the intended decision.
.,, (3) In the case of the provisions of the laws concerned not to determine the term of the time as referred to in paragraph (2), after passing the period 4 (4) months from the receipt, the Agency or the Acting Officer The Armed Forces are considered to have issued a rejection decision.
Section 4
The High Military Tribunal was not authorized to inspect, cut, and resolve a dispute over certain Armed Forces Effort in the event of the organised decision was issued:
., a., a. In the event of a war, a state of danger, a state of natural disaster or an extraordinary circumstance that endanger, under applicable laws,
., b. in an urgent state for the general interest under applicable law provisions.
The Second Part
The position
Section 5
.,, (1) Military justice is the executor of the judiciary in the Armed Forces environment to enforce law and justice with regard to the interests of the holding of state security defense.
.,, (2) Oditurat is the governing body of the state government in the field of prosecution and inquiry in the Armed Forces environment based on the devolution of the Commander, with regard to the interests of the holding of security country.
The Third Part
Coaching
Section 6
Court technical coaching in the military judicial environment is carried out by the Supreme Court.
Section 7
.,, (1) The coaching of the organization and procedures, the administration, the financial bodies of the Courts and Oditurat performed by the Commander in Chief.
.,, (2) The coaching as referred to in paragraph (1) should not reduce the freedom of the judge in checking and severing the case.
BAB II
COURT ARRANGEMENT AND POWER
The First Part
Common
Section 8
.,, (1) The court in the military regulatory environment is the governing body of judicial power in the Armed Forces environment.
.,, (2) The exercise of judicial power as referred to in verse (1) culminate in the Supreme Court as the Supreme Court of State.
Section 9
Court in the military judicial environment is authorized:
., 1. To prosecute crimes committed by a person who at the time of committing a criminal offence is:
., a., a. Soldier;
B. which is based on the legislation with the Private;
.,, c. members of a class or officer or body or who are the same or regarded as a Soldier based on the undrau;
., d. A person who does not enter a group of letters a, a letter b, and a letter c but on the decision of the Commander with the consent of the Minister of Justice must be tried by a prince in the military judicial environment.
., 2. Inspect, disconnect, and resolve the Armed Forces Enterprises Dispute Dispute.
., 3. In the case of a criminal offence, the charge of a criminal offence, and the discharges of the crime, which is the basis of the crime, which is the basis of the crime, and cut the two cases in the process. One verdict.
Section 10
Courts in the military judicial environment prosecute criminal acts committed by them as referred to in Article 9 of the figure 1 which:
a. the place where it happened is in its jurisdiction; or
B. His edits include a unity that resides in his legal area.
Section 11
If more than 1 (one) of the courts of authority judge a case with the same strong terms, the court that accepts the matter first must prosecute the matter.
The Second Part
Court arrangement
Section 12
The court in the military judicial environment consists of:
a. Military Courts;
B. High Military Courts;
C. Main Military Courts; and
D. Combat Military Tribunal.
Section 13
The organizational arrangement and procedure of the Court as referred to in Article 12 is set with the Government Regulation.
The Third Part
Name, Place of Occupation, and the Law Area
Section 14
.,, (1) The seat of the Main Military Court is in the Capital of the State of the Republic of Indonesia whose legal area covers the entire State of the Republic of Indonesia.
., (2) Name, place of position, and other court law areas are established with the Decree of the Commander in Chief.
.,, (3) If necessary, the Military Court and the High Military Court can convene outside of its place of position.
.,, (4) If necessary, the Military Court and the High Military Court may convene outside of its jurisdiction over the permission of the Chief Military Court of Justice.
The Fourth Part
The Structure Of The Trial
Section 15
.,, (1) the Military Court and the High Military Court convened to examine and decide on the criminal case at first level with 1 (one) the Chief Judge and 2 (two) the Member Judge attended by 1 (one) the Military Oditur/Oditur The High Military and assisted by one Panitera.
.,, (2) The High Military Court convened to inspect and cut the dispute over the Armed Forces Efforts Dispute at the first level with 1 (one) the Chief Judge and 2 (two) the assisted Member Judge 1 (one) of the Panitera.
.,, (3) the High Military Tribunal and the Supreme Military Tribunal convened to inspect and cut criminal proceedings at the appeal level with 1 (one) the Chief Judge and 2 (two) the assisted Member Judge 1 (one) of the Panitera.
.,, (4) The Major Military Tribunal convened to examine and decide the dispute over the Armed Services Act on the level of appeal with 1 (one) the Chief Judge and 2 (two) the assisted Member of the Member of the Panitera.
Section 16
.,, (1) The Chief Justice in the trial of the most underrated Military Court of the Major, is being a Member Judge and the lower-ranking Military Oditur of the Captain.
.,, (2) The Chief Justice in the trial of the lower High Military Court of the Colonel, while the Chief Justice and the Lower Military Oditur rank the rank of Lieutenant Colonel.
.,, (3) The Chief Justice in the trial of the most underrated Major Military Tribunal of the Brigadier General/First Admiral/First Marshal, while the lower-ranking Member Judge of the Colonel.
(4) The Judge of the Member and Oditur as referred to in verse (1) and the verse (2), and the Member Judge as referred to in paragraph (3) is the lowest of the rank of higher rank on the rank of the defendant on trial.
.,, (5) In the event of the ranking of the Colonel, Judge Member, and Oditur as referred to in paragraph (2) the lowest rank in rank with the rank of the Defendant and in the case of the High Officer of the Chief Judge. The judges of the Member and Oditur as referred to in verse (2) are the lowest in rank with the rank of Defendant.
(6) Kepforces Panitera in the trial:
.,
., a., a. The lowest-ranked Military Tribunal of the Maid of the Second Lieutenant and the highest rank of Captain;
., b. The highest-ranked Military Court of the Captain and the highest rank of Major;
., c. The highest rank of Major Military Tribunal was the rank of Major and the highest rank of the Colonel.
Section 17
(1) The Military Tribunal of the Battle convened to examine and decide on a criminal case with one Judge of the Chair with a number of Member Judges who were all odd-numbered, attended by 1 (one) of the Oditur. Military/Oditur Military High and assisted by 1 (one) Panitera.
.,, (2) The Chief Justice in the trial of the lower-rank Military Tribunal of the rank of Lieutenant Colonel, while the Chief Justice and Oditur is the lowest in rank Major.
.,, (3) In terms of the Registered Lieutenant Colonel, Judge Member and Oditur as referred to in paragraph (2) at the lowest rank of level with the rank of the defendant on trial.
.,, (4) In the event of the Registered colonel and/or a high-ranking officer, the Chief Justice, the Chief Justice, and the Oditur as referred to in the lowest verse (2) were at the lowest level with the rank of the defendant on trial.
The Fifth Part
The provisions for the Officer
Section 18
To be able to be appointed Military Judge, a Soldier must be eligible:
a. Righteous to the Lord, the Esa;
B. Loyal and devout to Pancasila and the Basic Law of 1945;
c. not involved party or prohibited organization;
D. most underrated the rank of Captain and a Bachelor of Law diploma;
e. experienced in the field of justice and/or law; and
f. Authoring, honest, fair, and unreprehenable behavior.
Section 19
To be able to be appointed High Military Judge, a Soldier must be eligible:
a. Righteous to the Lord, the Esa;
B. Loyal and devout to Pancasila and the Basic Law of 1945;
c. not involved party or prohibited organization;
D. most underrated the rank of Lieutenant Colonel and a Bachelor of Law diploma;
e. experienced in the field of justice and/or law; and
f. Authoring, honest, fair, and unreprehenable behavior.
Section 20
To be able to be appointed Major Military Judge, a Private must qualify:
a. Righteous to the Lord, the Esa;
B. Loyal and devout to Pancasila and the Basic Law of 1945;
c. not involved party or prohibited organization;
D. most underrated the rank of Lieutenant Colonel and a Bachelor of Hakum diplomas;
., e. experienced as a High Military Judge or as a High Military Oditur; and
f. Authoring, honest, fair, and unreprehenable behavior.
Section 21
The judge as referred to in Article 18, Article 19, and Article 20 is appointed and dismissed by the President as the Chief of State at the suggestion of the Commander in chief under the approval of the Chief Justice.
Section 22
Before taking up his post, the Judge obliged to utter an oath or promise according to his religion as follows:
" I swear in earnest that I, to obtain my post this, directly or indirectly, by using any name or any way too, do not give or promise anything to anyone, too.
I swear/promise that I, to do or do not do something in this office, will not be immediately accepted directly or indirectly from anyone else or a promise or grant.
I pledge that I will be loyal to and will retain and take the Pancasila as the foundation and ideology of the state, the Constitution of 1945, and all the laws and regulations that apply to the State of the Republic. Indonesia.
I vow that I will keep my office honest, witness, and by not being able to discriminate against the people, and will prevail in carrying out my duty as well as it should be as fair as it is for me to do. a Military Judge/High Military Judge/Primary Military Judge who is virtuous and honest in upholding the law and justice ".
Section 23
Judges are prohibited from multiple jobs as:
a. Court ruling;
B. legal counsel;
C. entrepreneurs; or
., d. other work in addition to the letter a, the letter b, and the letter c which is further regulated by the Commander's Decision.
Section 24
(1) The judge was honed with respect from his post because:
., a., a. over the post;
B. the request itself;
c. physical or spiritual pain persists;
D. undergo a retirement period; or
e. It's not a good thing to do it
.,, (2) The judge who died by itself was honorated with respect from his post.
Section 25
(1) The judge was dismissed not with respect from his post because:
., a., a. Convicted of guilty of felony criminal conduct;
B. doing despicable deeds;
C. persists of liability in the exercise of his duties;
D. breaking the oath or appointment of his post; or
e. violates the prohibition as referred to in Article 23.
.,, (2) The proposal of the dismissal is not with respect, for the reason referred to in verse (1) b, letter c, letter d, and the letter e done after the concerned is given a sufficient opportunity to defend itself before the Assembly. The Judge's Honor.
.,, (3) The formation of the Order of Honor Assembly and the order of the defense of the Judge and the order of defense of as referred to in verse (2) are assigned by the Commander after hearing of the Chief Military Court's consideration.
Section 26
The judge before being discharged not with respect as referred to in Article 25 can be temporarily dismissed from office.
Section 27
If against a Judge there is an arrest warrant and which is followed by detention, it is by itself the Judge is temporarily dismissed from office.
Section 28
The provisions of the termination of the dismissal as referred to in Article 24, Section 25, and Section 26 are further set up with Government Regulation.
Section 29
The panitera was lifted and dismissed by the Commander in Chief.
Section 30
Before taking up his post, Panitera was obliged to swear or promise according to his religion as follows:
" I swear in earnest that I, to obtain my post this, directly or indirectly, by using any name or any way too, do not give or promise anything to anyone, too.
I swear/promise that I, to do or do not do something in this office, will not be immediately accepted directly or indirectly from anyone from anyone, either a promise or a grant.
I pledge that I will be loyal to and will retain and take the Pancasila as the foundation and ideology of the state, the Constitution of 1945, and all the laws and regulations that apply to the State of the Republic. Indonesia.
I vow that I will keep my office honest, witness, and by no difference in people, and shall prevail in carrying out my duty as well and as well as it should be for you. a virtuous and honest Panitera in upholding the law and justice.
Section 31
To be able to be appointed to Panitera at the Military Court, a Warrior must be eligible:
., a., a. in accordance with the terms referred to in Section 16 of the letter a and Section 18 of the letter a, letter b, letter c, and the letter f;
B. the lower-level advanced secondary diplomas; and
.,, c. experienced at least 2 (two) years in the field of judicial administration.
Section 32
To be able to be appointed to Panitera at the High Military Court, a Warrior must be eligible:
., a., a. in accordance with the terms referred to in Section 16 of the letter b and Section 19 of the letter a, letter b, letter c and letter f;
B. lower Bachelor ' s degree of Law; and
., c. experienced at least 2 (two) years as a Panitera in the Military Tribunal.
Section 33
To be able to be appointed to the Panitera of the Main Military Tribunal, a Private must qualify:
., a., a. in accordance with the terms referred to in Section 16 of the letter c and Section 20 of the letter a, letter b, letter c, and the letter f;
B. with a Bachelor of Laws diploma; and
., c. experienced at least 2 (two) years as a Panitera in the High Military Court.
Section 34
Panitera is forbidden to trap jobs as:
a. Court ruling;
B. legal counsel;
C. entrepreneurs; or
., d. other work in addition to the letter a, the letter b, and the letter c which is further regulated by the Commander's Decision.
Section 35
(1) Panitera was honed with respect from his post because:
., a., a. over the post;
B. the request itself;
c. physical or spiritual pain persists;
D. run a retirement period; or
e. It's not a good thing to do it
.,, (2) The Panitera who passed away was itself dismissed with respect from his post.
Section 36
Panitera was dismissed not with respect from his post because:
a. Convicted of guilty of felony criminal conduct;
B. doing despicable deeds;
C. persists of liability in the exercise of his duties;
D. breaking the oath or appointment of his post; or
e. violates the ban as referred to in Article 34.
Section 37
The provisions regarding the termination of the manner of dismissal as referred to in Article 35 and Section 36 are further set up by the Commander's Decision.
Section 38
.,, (1) Panitera is tasked with organizing the administration of the matter and assisting the Judge by following along and noting the course of the trial.
(2) The Panitera is required to make a list of all the matters received in the heat.
(3) The Panitera is responsible for the affairs of the matter, the ruling, the documents, the deed, the list books, the valuables and the other letters, the costs of the matter, the money for the third party, as well as the evidence that is all stored in the heat.
Section 39
All lists, records, treatises, news events, and file files should not be brought outside the work of heat, except for the Court of Justice's permission based on applicable laws.
The Sixth Part
Court power
Paragraph 1
Military Court Rule
Section 40
The Military Tribunal examined and decided at the first level of the penal case that the charges were:
a. Soldiers who rank the Captain down;
., b. They are referred to in Article 9 of the number 1 letter b and the letter c that the "redactest" includes the rank of "Captain" to the bottom; and
., c. those who are based on Article 9 of the 1 letter figure should be tried by the Military Tribunal.
Paragraph 2
The Power of the High Military Court
Section 41
(1) High Military Court at the first level:
., a., a. checking and severing criminal cases that aren't committed to:
.,, 1) Private or one of the Prajurite rank Major to the top;
.,, 2) they are as referred to in Article 9 of the 1 letter b and the Redacent C or any of the Tenants "including the rank of rank" Major to the top; and
.,, 3) those based on Article 9 of the 1 letter figure should be tried by the High Military Court;
., b. inspect, cut off, and resolve the Armed Forces Efforts Dispute.
.,, (2) The High Military Court examined and cut off at the level of appeal of criminal cases that had been broken up by the Military Court in its law area that was appealed.
.,, (3) The High Military Court cut off at the first and last degree of disputes the authority of prosecuting between the Military Courts in its jurisdiction.
Paragraph 3
The Power of the Main Military Court
Section 42
The Major Military Tribunal examined and cut off at the level of appeal of the criminal cases and disputes of the Armed Forces Tata Effort which had been severed at the first level by the High Military Tribunal which was appealed to the appeal.
Section 43
.,, (1) The Major Military Court ruled on the first and last level of all disputes about the authority of prosecuting;
.,
., a., a. Between the Military Courts, which are located in the law area of the different High Military Courts;
B. between the High Military Courts; and
c. between the High Military Court and the Military Court.
(2) The Dispute as referred to in paragraph (1) occurs:
.,
., a., a. if 2 (two) of the trial or more stated that he is authorized to prosecute the same thing;
., b. If two (two) of the courts or more, he is not authorized to judge the same thing.
.,, (3) The Primary Military Court severing the disagreements between the Perkara and Oditur Officers regarding the proposed or whether or not a matter to the Court in the military judicial environment or the Court in the general judicial environment
Section 44
(1) Major Military Court conduct oversight of:
.,
., a., a. The courts of all the courts of the Military Courts, the High Military Courts, and the Military Courts of the Battle of the Laws of the Law.
B. The magistrate's actions and actions are in the way of his duties.
.,, (2) Major Military Courts are authorized to request information on matters concerned with the judicial technical of the Military Court, the High Military Tribunal, and the Military Court of the Battle.
.,, (3) The Primary Military Court gives clues, reprimand, or warnings that are seen as necessary to the Military Tribunal, the High Military Court, and the Military Court of the Battle.
(4) The (4) Oversight and authority as referred to in verse (1), verse (2), and verse (3) do not reduce the freedom of the Judge in examining and severing the case.
.,, (5) The Major Military Court forwarded the case of the motion of the cassation, the review, and the pardon of the Supreme Court.
Paragraph 4
Military Court Rule The Battle
Section 45
The Military Tribunal of the Battle examined and cut off at the first and last degree of criminal matters carried out by them as referred to in Article 9 of the number 1 in the battle area.
Section 46
The Military Court of the Battle is a car following the movement of the troops and the standing and regional law of the battle area.
BAB III
THE ARRAY AND POWER OF ODITURAT
The First Part
Common
Section 47
.,, (1) Oditur exercised the power of the government of the country in the field of prosecution and inquiry in the Armed Forces environment as set out in this Act.
(2) The Oditur is one and undivided in performing the prosecution.
Section 48
Yusticial technical coaching and supervision for Oditurat is carried out by Oditur General.
The Second Part
The Oditurat arrangement
Section 49
(1) Oditurat consists of:
., a., a. Military Oditurates;
B. High Military Oditurat;
C. Oditurat General; and
D. Oditurat Mliter Battle.
.,, (2) In the area of Military Oditurat law can be formed the technical executor of Oditurat Military according to the need.
Section 50
The organizational arrangement and procedure of Oditurat as referred to in Article 49 is set with the Commander ' s Decision.
The Third Part
Name, Place of Occupation, and the Law Area
Section 51
.,, (1) The seat of Oditurat General is in the State Capital of the Republic of Indonesia and its legal area covers the entire State of the Republic of Indonesia.
., (2) The name, place of position, and the legal area of Military Oditurat, and the High Military Oditur are set with the Decree of the Commander in Chief.
.,, (3) The Military Battle of the Battle is a car following the movement of the army and its standing as well as the legal area in the area of battle.
The Fourth Part
The provisions for the Officer
Section 52
To be able to be appointed to the Military Oditur, a Warrior must be eligible:
a. Righteous to the Lord, the Esa;
B. Loyal and devout to Pancasila and the Basic Law of 1945;
c. not involved party or prohibited organization;
D. most underrated the rank of Captain and a Bachelor of Law diploma;
e. experienced in the field of justice and/or law; and
f. Authoring, honest, fair, and unreprehenable behavior.
Section 53
To be able to be appointed High Military Oditur, a Warrior must be eligible:
a. Righteous to the Lord, the Esa;
B. Loyal and devout to Pancasila and the Basic Law of 1945;
c. not involved party or prohibited organization;
D. most underrated the rank of Lieutenant Colonel and a Bachelor of Law diploma;
e. experienced in the field of justice and/or law; and
f. Authoring, honest, fair, and unreprehenable behavior.
Section 54
To be able to be appointed Oditur General, a Warrior must be eligible:
a. Righteous to the Lord, the Esa;
B. Loyal and devout to Pancasila and the Basic Law of 1945;
c. not involved party or prohibited organization;
D. most underrated the rank of Captain and a Bachelor of Law diploma;
e. experienced in the field of justice and/or law; and
f. Authoring, honest, fair, and unreprehenable behavior.
Section 55
Oditur and Oditur General were appointed and dismissed by the Commander in Chief.
Section 56
Before taking up his post, Oditur and Oditur general were obliged to swear or promise according to his religion as follows:
" I swear in earnest that I, to obtain my post this, directly or indirectly, by using any name or any way too, do not give or promise anything to anyone, too.
I swear/promise that I, to do or do not do something in this office, will not be immediately accepted directly or indirectly from anyone from anyone, either a promise or a grant.
I pledge that I will be loyal to and will retain and take the Pancasila as the foundation and ideology of the state, the Constitution of 1945, and all the laws and regulations that apply to the State of the Republic. Indonesia.
I vow that I will keep my office honest, witness, and by no difference in people, and shall prevail in carrying out my duty as well and as well as it should be for you. an Oditur Military/Oditur Military High/Oditur General of the Armed Forces of the Republic of Indonesia who is virtuous and honest in upholding the law and justice ".
Section 57
.,, (1) Oditur and Oditur General are functional officials who in doing the prosecution act for and on behalf of the public, government, and state as well as responsible according to the channel of hararchies.
.,, (2) Oditur carries out his prosecution with conviction based on the legitimate evidence tool "For justice based on the Almighty God".
.,, (3) In doing the prosecution of Oditur continually heeding the religious, humanitarian, and decency norms as well as being obliged to delve into the values of law and justice that live in society with regard to the interests of the security of the country.
Section 58.
Oditur and Oditur General are banned from the work as:
a. legal counsel;
B. entrepreneurs; or
.,, c. work other than those on the letters a and b that are set further by the Commander of the Commander's Decision.
Section 59
.,, (1) Oditur and Oditur General were honed with respect from his post because:
., a., a. over the post;
B. the request itself;
c. physical or spiritual pain persists;
D. undergo a retirement period; or
e. It's not a good thing to do it
.,, (2) Oditur and Oditur General who died by themselves were honorated with respect from his post.
Section 60
.,, (1) Oditur and Oditur General were dismissed not with respect from his post because:
., a., a. Convicted of guilty of felony criminal conduct;
B. doing despicable deeds;
c. continuously labeling an obligation in the running of his duties duties;
D. breaking the oath or appointment of his post; or
e. violates the prohibition as referred to in Article 58.
.,, (2) The proposal of the dismissal is not with respect, for the reason referred to in verse (1) letter b, the letter c, the letter d and the letter e are done after the question is given a sufficient opportunity to defend itself before the Assembly. Oditur's honor.
(3) The Commander of the Establishment and Order of the Assembly of Honor Oditur and the manner of self-defense as referred to in verse (2) are set by five after hearing of the Oditur General's consideration.
Section 61
Oditur and Oditur General before being discharged not respectfully as referred to in Article 60 of the verse (1) may be temporarily temporarily stopped from office.
Section 62.
If against an Oditur and Oditur General there is an arrest warrant and that is followed by detention, by itself Oditur and Oditur the general are dismissed while from office.
Section 63
The provisions regarding the termination of the dismissal as referred to in Article 59, Section 60, and Section 61 are further set up with the Commander's Decision.
The Fifth Part
Oditurat power
Paragraph 1
Military Oditurat Power
Section 64
(1) The Military Oditurat has the duty and authority:
., a., a. conduct prosecutions in the criminal case that it is committed;
.,, 1) The ranking of the Captain rank to the bottom;
.,, 2) they are as referred to in Article 9 of the figure 1 letter b and the Redacent C: including the rank of rank of " Captain to the bottom;
.,, 3) those under Article 9 of the 1 letter figure should be tried by the Military Court;
., b. carry out the designation of a Judge or a Court ruling in a military judicial environment or a Court in the general judicial environment;
c. do an extra check.
(2) In addition to having the duty and authority as referred to in verse (1), Military Oditurates can perform the investigation.
Paragraph 2
High Military Oditurat Power
Section 65
(1) The High Military Oditurat has the task and authority:
., a., a. committed prosecutions in the criminal case that the Tenants are:
.,, 1) Private or one of the Prajurite rank Major to the top;
.,, 2) they are as referred to in Article 9 of the 1 letter b and the Redacent C or any of the Tenants "including the rank of rank" Major to the top; and
.,, 3) those who are under Article 9 of the 1 letter figure should be tried by the High Military Pangjustice;
., b. carry out the designation of a Judge or a Court ruling in a military judicial environment or a Court in the general judicial environment;
c. do an extra check.
(2) In addition to having the duty and authority as referred to in verse (1), the High Military Oditurat can conduct the investigation.
Paragraph 3
Oditurat General Power
Section 66
The Oditurat General has a duty and authority:
., a., a. Fostering, controlling, and supervising the execution of Oditurat's duties and authority;
., b. Organizing a crime-problem assessment in the interests of enforcement and discretion; and
., c. in order of the settlement and implementation of the prosecution of certain criminal acts whose events are arranged in particular, conduct coordination with the Attorney General, the Military Police, and other law enforcement agencies.
Section 67
Oditur General has the task and authority:
., a., a. As the Chief of Oditurat and the highest responsible charge, control the execution of duties in the field of prosecutions in the Armed Forces environment;
., b. controlling and overseeing the use of the investigation authority, the submission of matters, and prosecutions in the Armed Forces environment;
., c. convey consideration to the President regarding the plea of clems in matters of death, plea or plan of granting amnesty, abrasion, and rehabilitation; and
., d. perform special duties of the Commander in accordance with the provisions of the applicable laws.
Paragraph 4
The Military Oditurat Power Battle
Section 68
(1) The Battle Military Oditurat has a duty and authority:
.,
., a., a. commit prosecutions in criminal cases committed by them as referred to in Article 9 figure 1;
B. carry out the designation of Judge or the verdict of the Military Court
(2) In addition to having the task and authority as referred to in verse (1), the Military Battle of the Battle may conduct an inquiry from the beginning without the Oditur General's order in case there is a direct order from the Commander in Chief or Commander of Operations Command. Battle.
BAB IV
MILITARY CRIMINAL EVENT LAW
The First Part
The inquiry
Paragraph 1
Investigator and Associate Investigator
Section 69
(1) Investigators are:
., a., a. The Right To Pune The Right To Pune;
B. Military Police; and
C. Oditur.
(2) The Associate Investigator is:
., a., a. Provos National Army of the Indonesian Army;
B. Provos of the Indonesian National Army of the Navy;
C. Provos National Army of the Indonesian Air Force; and
D. Provos of the State Police of Indonesia.
Section 70
The requirements, the appointment, and the dismissal of the Investigator and the Investigator as referred to in Article 69 of the paragraph (1) letter b and verse (2) are further set up by the Commander's Decision.
Section 71
.,, (1) Investigators in conducting an inquiry into an event that is alleged to be a criminal act committed by a person or suspected of being a suspect, have authority:
.,
., a., a. receive a report or complaint from a person about the occurrence of an event that is alleged to be a criminal;
B. doing first action at the time and at the scene;
c. seeking proof and evidence items;
., d. ordered to stop someone who is suspected of being a suspect and checking his identification;
., e. make arrests, shakedown, foreclosure, and registration of letters;
f. taking fingerprints and photographing someone;
., g. call someone to be heard and checked as Suspect or Witness;
., h. ask for the assistance of an expert or to bring the necessary experts in relation to the case checkup; and
i. Conduct another act according to the law in charge.
.,, (2) In addition to having authority as dimbed in paragraph (1), the Investigator as referred to in Article 69 of the paragraph (1) letter b or c, also has authority;
.,
., a., a. carrying out the Atasan order the Entitled Punishing to conduct the arrest of the Suspect; and
., b. Report on the results of the investigation into Atasan who has the right to punish.
Section 72
.,, (1) Investigators made the news of the event about the implementation of the act as referred to in Article 71 by not reducing the other provisions in this Act.
(2) Investigators as referred to in Article 69 of the verse (1) the letter b or the letter c submit the case of the inquiry to the Perkara Officer, Atasan who is entitled to Punch, and Oditur as the public prosecutor.
(3) The Surrender of the Case to Oditur as referred to in verse (2) must be accompanied by a surrender of responsibility for the Suspects and the evidence.
Section 73
Adjunct investigators have the same authority as the Investigator's authority as referred to in Article 71 and Section 72 of the criminal offence, except in the case of the ballast and submission of the case file to Oditurat.
Section 74
The right to punish the person who is authorized to have authority:
., a., a. conduct an investigation of his subordinate soldiers who are under the authority of his command which is performed by the Investigator as referred to in Article 69 of the paragraph (1) letter b or letter c;
., b. receive a report of the execution of the Investigator as referred to in Section 69 of the paragraph (1) the letter b or the letter c;
., c. received the case file of the Inquiry from the Investigator as referred to in Article 69 of the paragraph (1) the letter b or the letter c; and
., d. Conducting detention for the suspect in his subordinate member who is under his command authority.
Paragraph 2
Arrest and Detention
Section 75
(1) For the purposes of the inquiry, the Investigator is authorized to make an arrest.
.,, (2) The arrest of the suspect outside the seat of Atasan who is entitled to the immediate sentencing of him can be carried out by local investigators at the scene of the suspect found, based on the request from the Investigator who is handling the The war.
.,, (3) The execution of the arrest of how it is in verse (1) and verse (2) is carried out with a warrant.
Section 76
.,, (1) An arrest warrant is committed against a person who is suspected of committing a criminal offence based on sufficient initial evidence.
., (2) Against the Suspects of misconduct cannot be made an arrest, except in the case the suspect is already called legitimately 2 (two) times in a row not meeting such calls for no legitimate reason.
.,, (3) The Capture as referred to in paragraph (1) and paragraph (2) can be performed for at least 1 (one) days.
Section 77
.,, (1) The execution of an arrest warrant carried out by the Investigator or a member of the Military Police or a member of Atasan's Entitled To Punish concerned with regard to the arrest warrant that lists the identity of the suspect, The reason for the arrest, the brief description of the crime scene being held, and where it was checked.
.,, (2) In case of being caught the hand of the arrest done without a warrant, provided that the penagupon should immediately surrender the suspect and the evidence of the evidence to the nearest investigator.
.,, (3) The stews of arrest warrants as referred to in verse (1) were given to his family immediately after the arrest was made.
(4), (4) after the arrest, the Investigator must immediately report to Atasan the Entitled Punishing of the concerned.
Section 78
.,, (1) For the sake of the Inquiry of Atasan Entitled To Punish by his decree, authorities conduct the arrest of the Suspect for the most prolonged 20 (twenty) days.
.,, (2) The Tenggang of Time as referred to in paragraph (1) if required for inspection purposes, may be extended by the Perkara Surrender Officer who is authorized by its decision for each time 30 (thirty) days and at most 180 days One hundred and eighty days.
(3), (3) Terms of Use (1) and paragraph (2) do not cover the possibility of the suspect in custody prior to the end of the arrest, if the examination interest is fulfilled.
., (4) After 200 (two hundred) days, the suspect must have been removed from custody by law.
Section 79
.,, (1) the detention or extension of the detention is carried out against the Suspect as referred to in Article 78 of the paragraph (1) and the alleged verse (2) which is suspected of committing a criminal offence based on sufficient evidence, in the case of the circumstances of the cause The concern that the suspect would flee, damage or remove any evidence, or repeat a felony, or make an oneness.
.,, (2) The detention of what is referred to in verse (1) may only be subject to the suspect in the event of a criminal offence and/or trial or aid in a criminal offence of 3 (3) months or of a criminal offence. More.
.,, (3) the detention or extension of a detention may only be performed if the requirement as referred to in paragraph (1) and paragraph (2) is fulfilled.
Section 80
.,, (1) the detention or extension of the detention of the Suspect as referred to in Article 78 of the paragraph (1) and paragraph (2) were executed by the Investigator with a warrant based on a restraining order or a restraining order. Which lists the identity of the suspect and mentions the reason for the incarceration and the brief description of the crime that is being held and where he is held.
.,, (2) The warrant for the execution of a restraining order or extension of the detention as contemplated in verse (1) is given to his family.
.,, (3) The detention was executed at the house of military prisoners or other places determined by the Commander in Chief.
Section 81
.,, (1) At the request of the Suspect, Atasan who is Entitled To Punish or Officer Surrender Perkara in accordance with their respective authority based on the advice of Military Police or Oditur can hold a suspension of detention with the prescribed requirement.
.,, (2) Due to his post, Atasan is Entitled To Punish or Perkara Officers at any time can revoke the suspension of the incarceration in case the suspect violates the terms of how it is referred to in verse (1).
Paragraph 3
The shakedown and the coverage
Section 82
For the purposes of the inquiry, the Investigator can conduct a search of the house, search of clothes, or body shakedown.
Section 83
(1) The (1) Investigator as referred to in Article 69 of the verse (1) the letter b or the letter c in conducting the inquiry may hold the necessary home shakedown.
(2) The conduct of the house search as referred to in verse (1) is carried out with the commandant/Chief of the Investigators ' handling of the case.
., (3) Each time entering a house must be hurt by 2 (two) witnesses in the case of the suspect or the occupant agrees, and in the event the suspect is not present or the occupants refuse, the execution of the admission of the house must be witnessed by the village chief or It's the head of the neighborhood with two witnesses.
.,, (4) The search carried out in the court or dormitory of the Armed Forces is carried out with the permission of the commander/Chief Kesatrian or the leader of the dormitory by being witnessed by 2 (two) witnesses.
., (5) Within 2 (two) days after entering and/or searching the house, must be made a show and a copy is delivered to the occupant, or the owner of the house, or the commander/head of the dud, or the head of the concerned romance.
Section 84
.,, (1) In a very necessary and urgent state if the Investigator must act immediately and it is not possible to obtain a search warrant first, by not reducing the provision as referred to in Article 83 of the paragraph (5), Investigators can do a shakedown:
.,
., a., a. In the courtyard of the house where the suspect is housed, dwells or lies, and that's on top of it;
B. in any other place the Suspects are housed, dwells or reside; and
c. on the premises of the criminal act or there is a base.
., (2) In the case of the Investigator conducting a shakedown as referred to in verse (1), the Investigator may not check or confiscate any letters, books, and other writings which are not objects related to the criminal act concerned, Unless the object is related or alleged to have been used to commit such a crime and for it is mandatory immediately to report it to Atasan who has the right to punish the concerned.
Section 85
Except in terms of being caught hand, the Investigator is barred from entering:
., a., a. The Chamber of Deputies, the Chamber of Deputies, the House of Representatives, or the Regional People's Representative Council.
B. the place in which it is taking place of worship or religious ceremonies;
c. The space within it is proceeding of the court hearing;
., d. place in the Armed Forces environment based on the interests of the security defense of the state is not freely entered.
Section 86
.,, (1) At the time of arresting the Suspect, the Investigator or a member of the Military Police on the orders of the Investigator authorities searched the clothes, including the object he was carrying.
.,, (2) The execution of the suspect body's shakedown can only be carried out by the Investigator.
Section 87
(1) For the purposes of the inquiry, the Investigator can conduct foreclosure.
.,, (2) The implementation of the seizure as referred to in paragraph (1) is carried out with a warrant.
.,, (3) In a very necessary and urgent state if the Investigator should act immediately and it is impossible to obtain a confiscation order first, without reducing the provisions as referred to in paragraph (2), the Investigator may Conducting foreclosure only on moving objects and for it was mandatory immediately to report it to the Investigator's superiors who authorized the confiscation warrant to obtain his consent.
Section 88
(1) The one that can be subjected to foreclosures is:
.,
., a., a. A whole or partial Suspect's bill or bill is alleged to be obtained from a felony or as a result of a criminal offense;
., b. Items that are already used directly to perform a criminal offence or to prepare;
c. The object used to block the investigation of a criminal offence;
., d. a special object created or used for committing a felony; or
., e. Other things that have a direct connection to the crimes committed.
., (2) objects that are in the site due to the matter of the data or because the pailit may also be seized for the benefit of the inquiry, prosecution, and prosecuting criminal cases throughout the meeting of the provisions as referred to in paragraph (1).
Section 89
In the case of being caught, the Investigator's hand can confiscate objects and devices that are apparently or should be thought to be used to commit felon or other items that can be used as evidence.
Section 90
In terms of hand-caught, the Investigator authorities confiscate packages or letters or objects whose transport or shipment is carried out by the post office and telecommunications, office or communications company or transport, throughout the package or the mail. Or that it's for the suspect or the person who comes from him and that to the suspect and/or to the officials of the post office and telecommunications, the office or the communications company or the transport concerned, should be given. acceptance letter.
Section 91
.,, (1) The authorities authorized the man who possessed the seized object to submit the object to him for the benefit of the examination and to those who gave up the object must be given a letter of acceptance.
.,, (2) Other letters or writings may only be ordered to be submitted to the Investigator if the letter or the writing is derived from the Suspect or addressed to it or to her or for her or for such an object being A device for committing a felony.
Section 92.
The forfeiture of letters or other writings from those under the law to keep it secret, as long as it does not concern the secrets of the state, can only be done for their consent or for the special permission of the Chief Justice of the Law, unless the legislation specifies otherwise.
Section 93
.,, (1) The body of the state 's citations is stored in the home of the country' s citations of objects in the military judicial environment.
.,, (2) The storage of the state object of the state is exercised properly and the responsibility of it exists to the authorized officials according to the examination level in the judicial process and that the object is forbidden to be used by anyone. Also.
.,, (3) The storage house of the country 's citations as referred to in paragraph (1) is set further by the Commander' s Decision.
Section 94
.,, (1) In terms of the object of the body is made up of objects that can either be damaged or harmful, so it is not possible to be kept until the Court ruling against the case is obtaining a fixed legal force or if it costs The storage of such items will be too high, as far as possible with the suspect's consent or its power to be taken as follows:
.,
., a., a. If the case is still in the hands of the Investigator or Oditur, it can be sold or secured by the Investigator or the Oditur by the view of the suspect or its ruler;
., b. If the case is in the hands of the Court, it can be secured or sold by Oditur for the permission of the Judge who has been granted the charge and witnessed by the defendant or his power.
., (2) The proceeds of the sale of the auction as referred to in paragraph (1) are used as evidence items.
.,, (3) Guna of proof of proof as may be set aside a small portion of the object as referred to in verse (1).
., (4) A prohibited object or forbidden to be circulated, taken to be used for the benefit of the state or to be exterminated.
Section 95
(One), (1) the property of the expropriation is returned to the people or to them from whom it is seized, or to the people or to those who are most entitled to the right.
., a., a. The inquiry and prosecution interests do not require any longer;
., b. The case is not being prosecuted for not enough evidence or it turns out to be no criminal offense; or
., c. the case is closed for public interest, military interest or legal interest, unless it is suspected to be obtained from a felony or used to commit a criminal offence.
(2) When the matter is broken, the forfeiture of the seizure is returned to the person or to those who are called in the verdict, unless according to the verdict the judge was taken for the state, to be exterminated or for the cause. It was destroyed until it could no longer be used, or if it was still needed as evidence in other cases.
Paragraph 4
The mail check
Section 96.
.,, (1) Investigators are entitled to open, inspect, and confiscate other letters sent through the post office and telecommunications, office or communications company or officer or transport if the object is suspected of having a strong reason. The relationship with the criminal case is being examined.
., (2) For the sake of the Investigator may request to the head of the post office and telecommunications, the head of the office or the communications company or other transport to submit to him the letter in question and for it should be given a letter Acceptance marks.
., (3) The event referred to in paragraph (1) and paragraph (2) can be performed at all examination levels in the judicial process according to the provisions set forth in that paragraph.
Section 97
(1) When after it was opened and examined, it was revealed that the letter had something to do with the case being examined, it was attached to the case file.
(2) When after it was checked, the letter had nothing to do with it, the letter was neatly closed and was immediately handed back to the post office and telecommunications, the office or the communications company or the office or Other transport companies after the print that read "were opened by the investigators" with the date, the signature and the Investigator's identity.
.,, (3) Investigators and officials at all levels of examination in the judicial process over the power of the oath of office are kept secret by solemnating the contents of the returned letters.
Section 98
.,, (1) Investigators made the news of the event about the act as referred to in Article 96 and Article 97.
., (2) A copy of the news of the event by the Investigator is sent to the head of the post office and telecommunications, head of the office or communications company, or the head of the office or the transport company in question.
Paragraph 5
The Implementation of the Inquiry
Section 99
., (1) Investigators who know, receive reports or complaints about the occurrence of an event that is supposed to be a criminal offence, mandatory immediately carrying out the necessary investigation action.
., (2) In the case of receiving a report or complaint is Atasan who Deserves To Punish, he immediately submitted the execution of the inquiry to the Investigator as referred to in Article 69 of the paragraph (1) the letter b or the letter c to conduct the inquiry.
., (3) In the event of knowing, receiving a report or complaint as referred to in verse (1) is the Investigator as referred to in Article 69 of the paragraph (1) the letter b or c, they are required to perform the inquiry and immediately report it to The Superiors Who Have The Right To Punish The Suspect.
Section 100
.,, (1) Any person who is a victim or who experiences or witnesses or sees and/or hears directly about the occurrence of a criminal offence committed by a person as referred to in Article 9 of the number 1 is entitled to submit The report or complaint to the Investigator is both verbal and written.
.,, (2) Any person who knows of the evil conspiracy committed by a person as referred to in Article 9 of the number 1 to commit a criminal offence to the general provision or to the soul or against the right of belonging, mandatory immediately it is also Report that to the investigator or the authorities.
.,, (3) After receiving a report, the Investigator must make a receipt of the report or complaint, given to the concerned signed by the reporter and the recipient of the report.
Section 101.
.,, (1) Investigators after the completion of the investigation are required to immediately hand over the file to the Unlawful Officer, Perkara Officer, and the original file to Oditur in question.
.,, (2) The Perkara Surrender Officer can stop the inquiry with a decree based on the legal opinion of Oditur.
Section 102
., (1) In terms of being caught the hands of each person are entitled to arrest, while any person who has authority in order order, peace and general security are required to arrest the Suspect in order to be handed over to the Investigator.
.,, (2) After receiving the submission of the Suspect as referred to in paragraph (1), the Investigator is required to immediately conduct the examination and other necessary measures in the frame of inquiry.
.,, (3) After receiving the report, the Investigator immediately came to the scene and could prohibit any person from leaving the premises during the inspection is not completed.
.,, (4) The ban on the prohibition as referred to in verse (3) may be forced to stay in place until the examination is referred to in the finished.
Section 103
(1), (1) Investigators who perform the investigation, by mentioning the reason for the call clearly, are authorized to call the Suspect and the Witness deemed necessary to be checked with a valid subpoenaed, with regard to a reasonable time of time. Between the receiving of the summons and the date one is required to comply with the call.
(2) The person called must come to the Investigator and if he does not come, the Investigator calls once again.
., (3) If the second call as referred to in verse (2) is not met, the Investigator ordered the Military Police officer to bring the Suspect or a Witness called forcefully.
.,, (4) Call on the Suspect or Witness the Warrior via the commander/head of the unity.
.,, (5) Commander/head of the force is obliged to command his henchmen who are called as suspects or witnesses to come meet the call.
Section 104
If a suspect or a witness is called for a reasonable and reasonable reason that he cannot come to the Investigator who conducts the examination, the examination can be performed at his residence or elsewhere, the Investigator is determined.
Section 105
In the case of a suspect committing a criminal, before the start of the examination by the Investigator, the Investigator is obliged to inform the suspect about his right to obtain the legal aid or that he in his role is mandatory. by Legal Counsel.
Section 106
.,, (1) In terms of the Investigator being conducting an examination of the Suspect, the Legal Counsel can follow the course of the examination by viewing as well as hearing the examination.
.,, (2) In terms of crimes against the security of the state, the Legal Counsel may be present by viewing but cannot hear an examination of the Suspect.
Section 107
.,, (1) The witness is vetted not by being sworn in unless there is sufficient reason to be alleged that he will not be able to hasir in examination in the Court.
., (2) Witnesses are examined in their own right, but may be found to be one with the other and they are required to provide the actual description.
.,, (3) In examination, the suspect was asked if he had deposited his hearing of a Witness that could benefit himself and if any, it was noted in the news of the show.
.,, (4) In the case of the Witness as referred to in verse (3) approved the Investigator, the Witness is required to be called and checked.
Section 108.
.,, (1) The Suspects and/or the Witnesses to the Investigator are given without any pressure from anyone and/or in any form.
.,, (2) Investigators record all of the suspects and/or witnesses in the news of the meticulous event according to the words used by the Suspect or the Witness.
(3) The suspect and/or the witness is recorded in the news of the event as referred to in verse (1) and signed by the Investigator and by the one who gave the description after they agreed to its contents.
.,, (4) In the case of the Suspect and/or the Witness does not want to cure his signature, the Investigator noted it in the news of the event by calling the reason.
.,, (5) In violation of traffic, the Investigator made news of the traffic violation event that contained the type of traffic violation committed by the Suspect and signed Investigators and Suspects, further submitted to the Court Military/High Military Courts through Military Oditur/High Military Oditur authorized.
Section 109
In the case of the suspect and/or a witness who must be heard of silence or residence outside the area of the Investigator's law carrying out the investigation, the examination of the suspect and/or the witness may be charged to the Investigator on the premises. the residence or residence of the Suspect and/or the Witness.
Section 110
.,, (1) In terms of the Investigator deem necessary, he can ask the opinion of an expert or a person who has special expertise.
(One), (2) An expert, as referred to in a verse (1), (saying), or a promise in the face of the Investigator, that he will give a clear view of his knowledge, except as well as the dignity, the work, or the work of the people. His post requires him to keep a secret, he can refuse to give the requested captions.
Section 111
An investigator is required to immediately make news of the event that is dated and contains a criminal offence, citing the time, places and circumstances of the time of the criminal offence, the name and the residence of the Suspect and/or the Witness, the description. Suspects and/or Witnesses, records of deed and/or objects as well as everything deemed necessary for the purposes of the inquiry.
Section 112
In the event the suspect is detained within 1 (one) days after the restraining order is run, he must start vetted by the Investigator.
Section 113
.,, (1) Investigators made the news of the event about its course and the results of the house shakedown as referred to in Article 83 of the verse (5).
.,, (2) Investigators read first news of the event about the search of the house to the concerned, then given the date and signed by the Investigator of the person and/or head of the village or lurah or the chair of the environment with 2 (two) Witness people.
.,, (3) In the case of the suspect or his family not willing to cure his signature, it is noted in the news of the event by calling his reasoning.
Section 114.
.,, (1) For the safety and order of the search of the house, the Investigator can hold the guard or the closure of the place in question.
.,, (2) Investigators have the right to order any person who is deemed necessary not to leave the premises during the shakedown of the event.
Section 115
.,, (1) In terms of the Investigator conducting the seizure, the Investigator made the news of the event by being dated and signed by the Investigator or the person or his family from whom it was seized, and/or the head of the village or lurah or the environment chairman with 2 (two) Witnesses people.
.,, (2) In terms of people where the object is confiscated or the family does not want to cure its signature, it is noted in the news of the event by calling the reason.
.,, (3) A copy of the news of the show was delivered by the Investigator to the person from which it was confiscated or his family and village head or lurah.
Section 1
.,, (1) In the event of something a criminal offence in such a way that there may be an alleged obscene from various letters, books or books, lists and so on, the Investigator immediately goes to the place where the office is to search, check Letters, books, books, books, lists and so on and if necessary.
., (2) The event referred to in paragraph (1) is exercised according to the terms of which it is referred to in Article 115.
Section 117
(1) In the matter of acceptance of the complaint that a letter or written false or falsified or allegedly false by the Investigator, for the purposes of the inquiry, by the Investigator may be asked about it from an expert.
(2) In the case of a strong assumption that there is a false letter or forged, the Investigator may come, or ask the official of the public saver, that he may send the original letter to him to be used. as a matter of comparison.
.,, (3) In the event of a letter which is seen to be necessary for examination, be part and cannot be separated from the list as referred to in Article 116, the Investigator may request that the list be entirely for a specified time in the A letter of request was sent to him for inspection, by handing over the receipt.
.,, (4) In terms of the letter as referred to in paragraph (3) not to be part of a list, the general storage official made a copy as his successor until the original letter was received back that at the bottom of the copy of the official General saver records what the cause of the copy was made.
.,, (5) In terms of the letter or the list it was not sent in the time specified in the letter of request without a valid reason, the Investigator authorized it.
.,, (6) All charges issued for the settlement as referred to in paragraph (1), paragraph (2), paragraph (3), paragraph (4), and paragraph (5) are charged on and as the cost of the matter.
Section 118
.,, (1) In terms of Investigations for judicial purposes addressing a victim either wound, intoxication and death, which is alleged to be due to the event that is a felony, he authorized the request of expert information to the medical expert the judiciary or the doctor, and/or any other expert.
.,, (2) The request of the expert captions as referred to in paragraph (1) is done in writing, in which the letter is called expressly for the examination of the wound or the examination of the corpse and/or the examination of the body's surgical.
(3) The body sent to the jurist or doctor in the hospital must be treated well with respect to the body and be labeled with the identity of the body, dilak, and a stamp of office. It's attached to your toe or the other side of the body.
Section 119
.,, (1) In terms of indispenteration for the purpose of proof and surgical of the corpse is no longer possible to be avoided, the Investigator obliged told him first to the victim's family.
.,, (2) In terms of the victim ' s family objecting, the Investigator is obliged to explain it as clearly as to the intent and purpose of the need for the surgery.
.,, (3) If within 2 (two) days no response from any family or party to be notified is not found, the Investigator immediately carries out the terms as referred to in Article 118.
Section 120
In the case of the Investigator for judicial purposes, it is necessary to excavate the corpse, its implementation according to the provisions as referred to in Article 118 of the paragraph (2) and Article 119 of the verse (1).
Section 121
All costs incurred for the benefit of the preparation of the investigation are borne by the state.
The Second Part
The Submission of the Case
Section 122
(1) The Perkara Surrender Officer is:
., a., a. Commander;
., b. Chief of Staff of the Indonesian National Armed Forces, Chief of Staff of the Indonesian National Armed Forces, the Chief of Staff of the Indonesian National Armed Forces, and the Chief of the Indonesian National Police.
.,, (2) Perkara Surrender officers as referred to in paragraph (1) may designate the commander.chief of the respective subordinate units at least level with the Commander of the Military Resort Command, to act as the Perkara Surrender Officer.
Section 123
(1) The Perkara Surrender Officer has the authority:
., a., a. ordered Investigator to perform the investigation;
B. received a report on the execution of the investigation;
c. ordered his forced attempt;
D. extend the detention as referred to in Article 78;
., e. receive or request a legal opinion from Oditur about the settlement of a matter;
., f. Hand over the case to the Court of competent authority to examine and prosecute;
G. determining the case for completion according to the Private Discipline Law; and
h. Closing matters for the sake of law or for the sake of the military.
.,, (2) the authority of the closure of the case for the sake of general/military interest only exists in the Perkara Surrender Officer as referred to in Article 122 paragraph (1) letter a.
., (3) Commander-in-Chief Perkara Officer highest oversight and control of the use of authority handover by other Perkara Surrender Officers.
Section 124
.,, (1) Oditur after receiving the results of the inquiry from Investigator immediately studied and researched whether the results of the investigation were complete or not.
.,, (2) In terms of less complete formal terms, Oditur requested that the Investigator immediately depose it.
., (3) When the results of the investigation are not enough, Oditur conducts an additional investigation to supplement or return the case file to the Investigator with instructions on the things to be equipped with.
., (4) In the case of the file of desertion that the suspect is not found, the news of the suspect's inspection show is not the complete requirement of a case file.
Section 125
(1) except the case of the desertion which he had not found after examining the case of Oditur's case, and to pass the law to the Officer of Perkara, which may be a request for the case to be passed to the court. or completed by the Law of Discipline Discipline, or closed for the sake of legal, public interest, or military interest.
.,, (2) In the case of Officer Surrender Perkara disagree with Oditur, he is required to provide written answers.
Section 126
.,, (1) In accordance with the legal opinion as referred to in Article 125 paragraph (1), Perkara Surrender Officer issued:
., a., a. Verdict Decision Letter;
B. Letter of the Decision on the Completing according to the Private Discipline Law; or
C. A decree for the closing of the case for legal purposes.
., (2) In certain cases where the general interest or military interest is in it, the Commander may consider a closure of the case by issuing a decree of closing the case for public interest or in military interest.
(3) Before taking the decision as referred to in verse (2), the Commander heard the opinion of the Oditur General and should be seen as necessary from other officials as well.
Section 127
.,, (1) If the Perkara Surrender Officer determines that the case will be completed outside the Court in the military or court environment in the general judicial environment, whereas Oditur argues that for judicial purposes A matter shall be brought to the courts of the courts of the courts, or in the courts of the courts, and in the courts of the law, and when Oditur shall stand in his hand, and Oditur shall plead with his servant to the Surrender. The case, in order to be determined by the Military Court. Master of the trial.
(2) The Surrender of Perkara as referred to in verse (1) is required to send the Oditur's plea and the file of the case which is accompanied by his opinion to the Supreme Military Court and after hearing the Oditur General's opinion in the The trial of the Supreme Military Tribunal, with the verdict of the Judge stating that the case was filed or not submitted to the Court in the military judicial environment or the Court in the general judicial environment.
.,, (3) If the Primary Military Court decides the case should be submitted to the Court in the military judicial environment or the Court in the general judicial environment, the Perkara Direction Officer as referred to in paragraph (1) immediately Carrying out the surrender of the matter after receiving the case file in question from the Supreme Military Court.
Section 128
Oditur can merge the case and make it in a single indictment, if at the same time or almost simultaneously he receives some case files in the case:
., a., a. Some of the crimes committed by the same person and the interests of the examination have not made a hindration to the merger;
B. some criminal acts that are linked to one with the other; or
., c. some criminal acts that do not intersede one with the other, but one with the other it has to do, which in this case the merger is necessary for the benefit of the examination.
Section 129
In the case of Oditur receiving a case file containing several crimes committed by some of the suspects that are not included in the provisions as referred to in Article 128, Oditur may have committed the prosecution against the others. The defendant is separately.
Section 130
(1) The Surrender of the affair by the Perkara Officer as referred to in Article 123 (1) of the letter f was exercised by Oditur by displacing the case file to the competent court with the accompanying letter of indictment.
.,, (2) Oditur makes an indictment letter given date and signed as well as containing:
.,
., a., a. full name, rank, central registration number, post, unity, place and date of birth/age, gender, citizenship, religion, and the defendant ' s residence;
., b. The precise, clear, and complete description of the criminal offence by mentioning the time and place of the crime is committed.
(3) The charges that do not meet the provisions referred to in paragraph (2) of the letter b void for the sake of the law.
.,, (4) a copy of the Submission Decision and the letter of the indictment delivered to the Suspect or his Legal Counsel at the same time as the delivery of the Submission Of The Matter and the letter of the indictment to the Court, and The ransom was delivered to the Investigator.
Section 131
.,, (1) Oditur may change the slowest indictment of 7 (seven) days before a Court hearing on the first and last degree trial start with the aim of perfecting it and can only be done 1 (one) times.
.,, (2) A copy of the change of letter of arraignment is delivered to the Defendant or Legal Counsel and Officer of the Perkara Surrender.
The Third Part
The examination at the Court Session
Paragraph 1
The Preparation Of The Trial
Section 132.
After the Military Court/High Military Court received the disservice of the case file from the Military Oditurat/High Military Oditurat, the Chief of the Military Court/Head of the High Military Court immediately took his finger, whether the matter was included. The Court's authority is to be ruled.
Section 133
.,, (1) In the case of the Chief of the Military Court/High Military Court argues that the criminal case does not include the authority of the Court he led, he made the designation which contained the reason and immediately returned the case file. It is to the Military Oditurat/High Military Oditurat which is concerned for devolve to the Military Courts/other High Military Courts of competent authority.
., (2) High Military Oditurates which are concerned to deliver the designation and file of the war to the Military Oditurat/High Military Oditurat in the legal area of the Military Courts/Other High Military Courts listed in the The assignment.
(3) A copy of the designation as referred to in verse (1) is presented to the defendant or his Legal Advisor and the Military Oditurat/Military.
Section 134.
.,, (1) In terms of Oditur objecting to the designation of Military Courts/High Military Courts as referred to in Article 133, he may submit resistance to the Military Tribunal/High Military Court within 7 (seven) days After the assignment.
(2) (2) Unto him, as a result of the (1) verse, the (whole) sentence is a (whole) resistance.
., (3) The resistance is given the reason of being delivered through the Military Courts/High Military Courts concerned.
(4) In the midst of seven (seven) days after the resistance was accepted, the Military Tribunal/High Military Court shall proceed with the opposition to the Supreme Military Court in charge of the Supreme Military Tribunal.
Section 135
., (1) the Supreme Military Tribunal/Primary Military Court in the slowest time 14 (fourteen) days after receiving the resistance as referred to in Article 134 of the paragraph (1) may corroborate or reject the resistance by designation.
.,, (2) In terms of the Court as referred to in paragraph (1) strengthen the resistance of Oditur, the Court with its suppressor invalidate the designation of the Military Court/High Military Court and further orders the Court The Military/High Military Tribunal is concerned to have the case.
., (3) If the Court as referred to in paragraph (1) rejects the Oditur resistance, the Court with its suppressor sends the case file and its attachment to the Military Court/other High Military Courts of competent authority.
(4) A copy of the assignment as referred to in verse (2) and verse (3) is delivered to the Military Oditurat/High Military Oditur.
Section 136
.,, (1) In the case of the Court as referred to in Article 132 of the opinion that a matter includes its authority, the Chief of the Court appoints the Assembly of Judges that would have to question the matter in question.
., (2) The Chief Justice appointed after studying the matter file sets the day of the trial and ordered that Oditur call the defendant and Witness.
Paragraph 2
Containment
Section 137
.,, (1) in the examination of the first degree hearing on the Military Court/High Military Court, the Chief Justice of the authority;
.,
., a., a. if the defendant is in temporary custody, it is mandatory to establish whether the defendant remains detained or removed from temporary custody;
., b. In the interest of the examination, issued an order to hold the defendant to 30 days old.
., (2) The time as referred to in paragraph (1) the letter b if necessary for the purposes of an uncompleted examination, may be extended by the Chief of the Military Court/Head of the High Military Court for the longest of 60 (sixty) days.
(3) The terms of the (1) letter b and verse (2) do not cover the possibility of the defendant from a prisoner prior to the expiration of such detention, if the interest of the examination has been fulfilled.
(4) After 90 (ninety) days, even though the case has not been broken, the defendant must be removed from custody by law.
.,, (5) the detention/extension of the detention to the Defendant may only be charged if fulfilled the terms specified in Article 79 of the paragraph (1) and the paragraph (2).
., (6) The provisions as referred to in paragraph (1), paragraph (2), paragraph (3), paragraph (4), and paragraph (5) apply also to the examination of the level of appeal in the High Military Court and the Primary Military Court.
Section 138.
.,, (1) excluded from the detention time as referred to in Article 137, in the interest of the examination, the detention of the defendant may be extended based on reasonable and unavoidable reasons for:
.,
., a., a. The defendant suffered a severe physical or mental disorder as evidenced by a doctor ' s letter; or
., b. The cases that are being examined are threatened with a prison criminal 9 (nine) years or more.
.,, (2) The extension of the detention as referred to in paragraph (1) is given for at least 30 (thirty) days and in terms of such detention is still required can be extended at most 30 (thirty) days.
.,, (3) The detention extension as referred to in paragraph (2) on the basis of request and examination report in level:
.,
., a., a. The first degree examination implemented by the Military Tribunal is given by the Chief of the High Military Court;
., b. The first degree examination implemented by the High Military Court was granted by the Chief Military Court of Justice;
.,, c. examination of the degree of appeal exercised by the High Military Tribunal and the Supreme Military Court given by the Supreme Court.
.,, (4) The use of authority extension of detention by officials as referred to in paragraph (3) is carried out gradually and with full responsibility.
.,, (5) The provisions as referred to in paragraph (2) do not close the possibility of the defendant being removed from custody prior to the expiration of such detention, if the examination of interest is fulfilled.
(6) After 60 (sixty) days, even though the matter has not been completed or unbroken, the defendant must have been removed from custody for the sake of law.
.,, (7) Against the extension of the detention as referred to in paragraph (2), the defendant may file a objection in first-degree examination and in examination of the appeal level to the Chief Justice.
Paragraph 3
The invocation
Section 139.
(1) Based on the date of the trial as referred to in Article 136 of the paragraph (2), Oditur issued a letter to the defendant and the Witness containing the day, date, time call, the place of the hearing, and for what they were called.
.,, (2) The subpoenaed must have been received by the defendant or Witness the slowest 3 (three) days before the trial began.
Section 140
.,, (1) The summoning to come to the trial of the Court referred to in Article 139 is done legally, if delivered with a call letter to:
.,
., a., a. The defendant and/or Witness of the Private through the Unlawful Atasan or the immediate subsequent Atasan he is obliged to order the defendant and/or the Witness to face the court hearing;
., b. The defendant and/or Witness Private who is in custody for other matters through the official responsible for the conduct of such detention;
., c. The defendant and/or Witness of the civilian directly to the concerned person in his residence or the last place of residence or if the defendant and/or Witness are not in his residence or the last place of residence through the police agency. local or village head or lurah or environment chairman;
., d. The defendant and/or Witness of a civilian who is in custody for other matters, through the agency responsible for the conduct of the detention and on the permission of the official who ordered the detention.
.,, (2) When summoned abroad, the summoning is done through the representative of the Republic of Indonesia in the place where the person who is called is used to silence.
.,, (3) The reception of subpoenaed by the Defendant, Witness, or anyone else, is done with a receipt letter.
., (4) Atasan the Rightful Punishment or the direct defendant and/or Witness or official as referred to in verse (1) the letter b after receiving a letter of call as referred to in paragraph (1) is required to order the defendant and/or Witness To face the court hearing.
The Fourth Part
Regular Check Event
Paragraph 1
Examination and Opening
Section 141
.,, (1) On the day of the appointed trial as referred to in Article 136 of the paragraph (2) of the Court of convening.
.,, (2) For the purposes of inspection, the Chief Justice opened the hearing and declared an open hearing to the public, except in case the mistrial decency was declared closed to the public.
.,, (3) In matters concerning military secrets and/or state secrets, the Chief Justice may declare a closed hearing to the public.
.,, (4) The Chief Justice presided over the examination at the trial of the Court conducted orally in the Indonesian language understood by the defendant and the Witness.
.,, (5) If the defendant and/or a Witness does not understand Indonesian, mute and/or deaf, the Chief Justice may appoint a scribe or interpreter who swears or promises to translate properly.
.,, (6) If the defendant and/or a Witness is mute and/or deaf but can write, the examination against it is done in writing and must be read.
.,, (7) In the case of a person should not be a Witness in a matter, he should not be a language interpreter or translator.
.,, (8) The Chief Justice is obliged to keep up the matter or be asked questions which resulted in the defendant and/or Witnesses giving an answer unfreely.
(9) Not subject to the terms referred to in verse (2), verse (4), and verse (8) resulting in the limit of the ruling by law.
.,, (10) In the case of the desertion of the Undiscovered, the inquest was carried out without the defendant's presence.
Section 142
.,, (1) The Chief Justice ordered that the defendant be called into the courtroom, and confronted with an escort but in a free state.
.,, (2) If in an undetained defendant ' s examination and not present on the day of the appointed hearing, the Chief Justice is scrutining whether the defendant is already being called lawfully.
.,, (3) When the defendant is called unlawfully, the Chief Justice adjourn the proceedings and orders the defendant to be called again to attend the day of the next hearing.
.,, (4) If the defendant turns out to be legally invoked but does not come at the hearing for no legitimate reason, the Chief Justice ordered the defendant to be presented forcefully at the next hearing.
.,, (5) If the defendant is more than 1 (one) person and not all present on the day of the trial, the examination of the present can be held.
.,, (6) Panitera records the report of Oditur regarding the execution as referred to in verse (3) and verse (4) then presenting it to the Chief Justice.
Section 143
The crime of desertion in the Code of Military Criminal Law, which he has escaped and no longer found within six months of the month, has been attempted by the summoning 3 (three) times. In a row legally, but not present at the trial for no reason, it can be vetting and disarmed without the defendant ' s absence.
Section 144
.,, (1) At the beginning of the trial, the Chief Justice asked the defendant about the full name, rank, central registration number, office, unity, place and date of birth/age, gender, nationality, religion, and place of residence, then Warned the defendant to pay attention to everything that he heard and saw at the hearing.
(2) The Chief Justice asked the defendant about the Legal Counsel who would be accompanying him and if any, the Chief Justice requested a warrant or a warrant on the appointment of his legal counsel and a letter of power from the defendant to the Counselor. The law is to be handed over and if the Legal Counsel is appointed by the Court, the Chief Justice asks the defendant about his willingness to be accompanied by the counsel of the law at the trial.
(3) The Chief Justice ordered Oditur to read the indictment by standing and ordered the defendant to stand in a state of perfect attitude.
(4) The Chief Justice asked the defendant whether he truly understood the contents of the indictment, and if the defendant had not yet understood it or less clearly, the Chief Justice ordered that Oditur be briefed.
Section 145
.,, (1) In the case of the defendant or legal counsel ' s objection that the Court is not authorized to prosecute her or the charges are not acceptable or the letter of the indictment should be overturned, after being given the opportunity to Oditur to declare In his opinion, the Assembly of Judges held a deliberation to consider the objection to further take the verdict.
.,, (2) If the Assembly of Judges state the objection was accepted, the matter was not examined further, otherwise in the case of the objection it was not accepted or the Judge argued that the objection could only be decided after the examination, the trial. Continue.
Section 146
.,, (1) Against the ruling of the Assembly of Judges that expressed objection be accepted, Oditur may apply for a resistance to the Court of Appeal through the Tribunal in question and the slowest in time 7 (seven) days since the resistance was received, The court is required to proceed to the Court of Appeal.
(2) In the slowest period 14 (fourteen) days after the acceptance of Oditur's resistance, as referred to in verse (1), the Court of Appeal with its verdict received or refused Oditur's objection.
.,, (3) In terms of the Oditur resistance received, the Court of Appeal of Appeal with its verdict overturned the judgment of the Court concerned by ordering the examination to continue, otherwise if Oditur resistance was rejected, the Court The appeals level corroborate the judgment of the Court concerned
Section 147
.,, (1) a. In the event of the resistance was put together with the request of the appeal by the defendant or his legal counsel to the Court of Appeal, within 14 (fourteen) days after he accepted the matter and justified the defendant's opposition, the Court of Justice. The appeal level with its verdict overturned the judgment of the Court in question and appointed another Court of competent authority;
.,
., b. He said: " O my people, let us know that you are not in the law.
(2) If the Court is in charge of a chapter (1) in the jurisdiction of another Court of Appeal, Oditurat sent the case to Oditurat in the jurisdiction of the competent court.
Section 148
The Chief Justice because of his office, although there is no objection, after hearing of Oditur's opinion and the defendant or his Legal Counsel with his verdict on which the reasons for his reasons may declare the Court not authorized.
Section 149
(1) A Judge is required to resign from judgment of a matter if he is bound to a family of blood or a while to the third degree, the relationship of a husband or wife despite the divorce of the Chief Justice, one of the Judges of the court of law. Members, Oditur, or Panitera.
(2) The Chief Justice, the Judge of the Member, Oditur, or Panitera shall resign from dealing with the matter if he is bound by a family of blood or temporary to a third degree or a husband or wife's relationship, despite the divorce of the law. The defendant or with the Legal Counsel.
When the case is fulfilled, they must be changed, and when the case is removed, the matter will be put to trial by the order of the other.
Section 150
" No judge shall judge a matter which he himself is in a matter of interest, neither directly nor directly.
(2) In the case of a Judge to judge a matter as referred to in verse (1), the Judge in question is obliged to resign both on his own will or at the request of Oditur, the defendant, or the counsel of the Law.
(3) If there is any doubt or difference of opinion as referred to in verse (1), the authority of the court who is the authority to keep it.
(4) Terms of Use (1), verse (2), and verse (3) apply also to Oditur and Panitera (in the case of the verse).
Section 151
Judges are barred from showing an attitude or issuing a statement at the hearing about the conviction regarding the defendant ' s misor or the defendant.
Section 152
.,, (1) The Chief Justice examines whether all the recalled Witnesses are already present and gave the order to prevent not until the Witnesses relate to one with the other before giving the captions at the hearing.
.,, (2) In the case of the Witness not present, despite being legally called and the Chief Justice has enough reason to suspect that the Witness is not willing to attend, the Chief Justice may order that the Witness be confronted with the trial.
Section 153
The examination of the case in the trial may begin with a Witness examination or the defendant in advance according to the Chief Justice's consideration.
Section 154
(1) A. Witnesses were called into the courtroom with an escort;
.,
., b. Witnesses are called into the courtroom of one by one according to the consideration of the Chief Justice;
., c. In the case of either a witness, whether or not the defendant, or the defendant, or the defendant, or the judge of the law, or the counsel of the law, or the counsel of the law, or the counsel of Oditur, the defendant, or the defendant, or the defendant, The verdict, the Chief Justice is obliged to hear the witness.
.,, (2) The Chief Justice asked the Witness about the full name, rank, registration noomor of central, post, unity, place and date of birth/age, gender, nationality, religion, and place of residence, next to whether he knew the defendant Before the defendant did the deed, and whether he was bound by any blood or blood of his family, to the end of the defendant, and whether he had a husband or wife's relationship with the defendant, even if they were divorced, or that he had a relationship with the defendant. It's a relationship with him
(3) Before giving the testimony, Witnesses were required to swear or swear by their own religion, that he would give the actual and none other information than the real one.
.,, (4) If the Court considers necessary, a Witness or an expert swears or promises after a Witness or the expert is done giving the description.
.,, (5) In the case of a Witness or an expert without a legitimate reason refusing to swear or pledge as contemplated in verse (3) and verse (4), the examination of him remains carried out and he with the designation of the Chief Justice can be held hostage in the house of the prisoner The military is 14 at the most.
(6) In terms of the siege during which the siege is past and the witness or expert is not to be sworn in or to say the word, which is already a description that can corroborate the Judge's conviction.
Section 155.
(1) If the witness of the witness after the inquiry dies, or because the lawful impediation is not present at the hearing, or cannot be called for by far the place of residence or residence, or because of other related causes. with the interests of the country, the information given is read out.
(2) If the testimony was previously given under oath, the description was likened to the testimony of the witness under the oath of the hearing.
Section 156
In the event of a different field of witness in the news, the Chief Justice reminded the witness of the matter and asked for a description of the discretions and was noted in the news of the hearing.
Section 157
(1) the Chief Justice and the Chief Justice may ask the Witness of all the information that is seen as necessary to obtain the truth.
.,, (2) Oditur, the Defendant or Legal Counsel with the intercession of the Chief Justice is given the opportunity to ask the question to the Witness.
.,, (3) The Chair of the Chair may reject the question posed by Oditur, the defendant or the Legal Counsel to the Witness by giving his reasons.
.,, (4) Whenever a Witness finishes giving the caption, the Chief Justice asks the defendant how his opinion of the caption is.
.,, (5) Oditur or Legal Counsel with the intercession of the Chief Justice is given the opportunity to ask the question to Sakai and the defendant.
.,, (6) The Chair of the Chair may reject the question posed by Oditur or the Legal Adviser to the Witness or the defendant by providing his alemissary.
.,, (7) Judge and Oditur or Defendant or Legal Counsel with the intercession of the Chief Justice, can daling witness the Witnesses to test their respective truths.
Article 158.
(1) After the Witness gave the testimony, he remained in attendance at the hearing unless the Chief Justice gave permission to leave him.
(2) The permit is not given if the Oditur or the defendant or the Legal Counsel submit a request for the Witness to continue to attend the hearing.
And when the witness of the witness, the defendant, or the counsel of the law, or the counsel of the law, and the counsel of Oditur, that they should not be removed from the hearing, that the witness may be removed from the court, that the witness may be removed. Others were called upon by the Chief Justice to be heard of either one by one or the other without the witness of the issued Witness.
(4) If it is deemed necessary, the Chief Justice for his office may order that the witness who has been heard of his description be removed from the courtroom next to hearing the witness of another.
(5) The Witnesses during the trial are prohibited from each other conversing.
Section 159.
Unless otherwise specified in this Act, it cannot be heard of its limitations and may resign as Witness:
., a., a. A family of blood or cement in a straight line up or down to the third degree from the defendant or who together as the Defendant;
., b. The brother of the accused, or the defendant, brother, brother, or brother, also those who have a relationship due to the marriage and the sons of the defendant's brother to the third degree;
., c. the husband or wife of the defendant despite being divorced or who together as a defendant.
Section 160
(One), (1) In their regard as referred to in Article 159 of it and Oditur and the Defendants expressly agreed, they may be able to give the oath under oath.
(2), (2) Without consent as referred to in verse (1), they are allowed to provide unsworn captions.
Section 161.
(1), (1) those who are due to work, whether or not his dignity or office are required to keep a secret, may request release from the obligation to provide a witness as a Witness about the thing entrusted to him according to the rules of the law. Applicable laws.
.,, (2) The Judge determines whether or not any reason for such request.
Section 162.
The one to be checked in to give an oath without an oath is:
a. a child that is not 15 (fifteen) years old and has not yet mated;
., b. The pain of the memory or the pain of the soul, though sometimes his memory returns
Section 163
.,, (1) The Chief Justice can hear the witness 's caption without the defendant' s absence, for which he ordered the defendant to out of the courtroom.
.,, (2) If the Chief Justice ordered the defendant to the outside of the courtroom and the witness has been heard of his statement, the investigation should not be passed on before the defendant is ordered re-entry to the courtroom and to him be notified All the things that were at the time were not present.
Section 164
And when the testimony of the witness in the testimony of the witness is false, the judge of the chief warns him, that he may give him the truth, and that he should give him the right hand, that he may be given to him. False witness.
(2) When the witness remains in his hand, the Chief Justice of his office or at the request of Oditur, or the defendant, may give a restraining order against the witness, and be charged with an indictment of an oath, and a prosecution of the witness. Fake.
(3) In that case, by Panitera immediately made news of the hearing of the hearing, which contained the description of the witness, it was conjecsed that the witness's description was false, and the news of the event was signed by the Chief Justice. as well as Panitera and immediately submitted to Oditur to be completed according to the provisions of this Act.
.,, (4) If necessary, the Chief Justice is suspending the proceedings in the original case until the examination of the criminal case against the Witness is completed.
Section 165
.,, (1) If the defendant does not want to answer or refuse to answer the question posed to him, the Chief Justice is advocating for answering and after that the examination is resumed.
(2) When the defendant misbehaved himself, the Judge of the Chief rebuked him, and when the rebuke was not taken, he ordered the defendant to be removed from the courtroom, and then the proceedings of the matter. At that time it was continued without the defendant's presence.
.,, (3) In the case of the defendant constantly acting as inappropriate to disturb the court order, the Chief Justice sought such an effort so that the verdict could still be dropped with the defendant's presence.
Section 166
., (1) Any person who is asked of his opinion as a jurist or physician or other expert is required to provide a true description according to knowledge in his field of expertise for justice.
(2) All the provisions of the Witness are also for those who give the expert, with the provision that they utter an oath, or a promise to give the truth, and which is in the knowledge of the knowledge. His skills
Section 167
(1) In which case it is necessary to clear the question of the court, the Chief Justice may request the expert and may request that the new material be presented by the person in the interest.
.,, (2) In the event of any reasonable objection from the defendant or the Legal Counsel to the expert ' s captions as referred to in paragraph (1), the Judge ordered that it be conducted reresearch.
.,, (3) The Judge because his post can order to do a reresearch as referred to in verse (2).
., (4) Reresearch as referred to in verse (2) and verse (3) is carried out by the original instance with different personnel composition and other agencies that have the authority to it.
Section 168
And the Judge of the Chief showed the defendant, and the witness, and the witness of all the evidence, and asked him whether he knew it, and saw it, as it was referred to in Article 94, and asked him to carry out the matter. It's a matter of fact, with a case to get clarity on the terms of the lease.
(2) If it is deemed necessary for proof, the Chief Justice reads or shows the letter or news of the event which is attached to the evidence as it is in verse (1) to the defendant and/or Witness, and then request that the letter be made. As it was about it.
Section 169
Questions that are ensnare, influencing or contrary to the honor of the Warrior should not be appealed either to the defendant or to the Witness.
Section 170
.,, (1) During the hearing at the hearing, if the defendant is not detained, the Chief Justice may order the defendant to withhold the defendant if fulfilled, as contemplated in Article 137 of the paragraph (1) letter b and there is sufficient reason For that.
.,, (2) In case the defendant is detained, the Chief Justice may order with his authoring to release the defendant if there is sufficient reason for it by recalling Article 137 of the paragraph (3)
Section 171
A judge shall not drop a criminal against a person unless at least 2 (two) legitimate evidence he obtained the conviction that a criminal offence actually took place and that the guilty of the guilty did so.
Section 172.
(1) The valid proof tool is:
., a., a. witness description;
B. expert captions;
c. The defendant ' s description;
D. letter; and
e. Clues.
(2) The things that are generally already known do not need to be proven.
Section 173.
.,, (1) The Witness ' s view as a tool of evidence is the caption the Witnesses stated at the Court hearing.
(2) The witness of a Witness alone does not prove that the defendant is guilty of doing deeds that he did not disappoint.
., (3) The Terms of Use as specified in the paragraph (2) do not apply when accompanied by any other authorized proof tool.
(4) The testimony of the few Witnesses who stood alone about a matter or circumstance can be used as a valid instrument if the witness is connected to one another in such a way, so that it may be a matter of fact. Confirming a certain event or circumstance.
(5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5).
(6) In judging the truth of the witness of a Witness, the Judge must sincerely pay attention to:
., a., a. correspond between the witness description one and the other;
B. match the description of the Witness and other evidence tools;
.,, c. reasons that the Witnesses may use to provide certain information; and
., d. the way of life and the decency of the Witness and everything that can generally affect the can of the description is believed.
(7) (7) Unsworn Witness Attraction, though according to one another, is not a tool of evidence, but if the description is in accordance with the description of a sworn Witness may be used in addition to any other legal proof tool.
Section 174.
The expert's description as a piece of evidence is the description of an expert at the Court hearing.
Section 175
(1) The defendant ' s account as a tool of evidence is the caption the defendant claimed at the hearing about the deeds he committed or that he knew himself or which he experienced himself.
., (2) The defendant ' s outside of the trial may be used to help find evidence at the hearing, provided that the caption is supported by a valid tool of evidence throughout the matter that he has not been able to disappoint.
(3) The account is only used against itself.
(4) The defendant's account alone is not sufficient to prove that he was guilty of doing deeds which he did not, but must be accompanied by another instrument.
Section 176
A letter as a valid instrument of evidence, if made on oath of office or corroborated by oath, is:
., a., a. news of the event and other letters in the official form made by the general official or made in his presence, which contains a description of events or circumstances heard, viewed, or otherwise addressed, accompanied by a reason. clear and unequivocal about his attachment to it;
., b. A letter made under the law or a letter made by an official of the kind that is included in the manner of which he is responsible and that is reserved for proof of something or something of circumstance;
., c. a letter of description from an expert who has an opinion based on his expertise on something or something the state is formally requested from.
., d. Another letter that can only be valid if it has anything to do with the contents of the other proof tool.
Section 177
(1) The (1) Guidance is the deed, the event, or circumstance that is due, either between one and the other and the criminal act itself, indicating that there is already a criminal offence and who committed it.
(2) The directions as referred to in paragraph (1) may only be obtained from:
., a., a. witness description;
B. the defendant ' s description; and/or
C. Letters.
(3) The judgment of the proof of proof of a clue in any particular state is performed by the Judge with the wise and the wise after he holds a vetting of ingenuity and inequalities based on his conscience.
Section 178
.,, (1) In the event of a Judge or Oditur impedicrate, the Chief Justice of the competent authority or Chief of Oditurat is obliged to immediately appoint a replacement for the impedicrate official.
.,, (2) If in the Military Court the Battle of Judge or Oditur impeded, the Judge or Oditur Replacement immediately replaced him.
.,, (3) In terms of the Legal Counsel in the trial of the Court of obstruction, the Reimbursed Legal Adviser immediately replaced him, and if his successor does not exist or also impede the trial runs steadily.
Section 179
A judge at the trial of his own will or at the request of the defendant or his legal counsel may give a legal explanation of the matter.
Section 180
., (1) Anyone who is criminalised is charged with paying the charges and in terms of a free ruling of a segela of indictments or a ruling out of any legal charge, the cost of the matter is charged on the state.
., (2) In the case the defendant had previously applied for the exemption from the payment of a matter fee under certain terms with the Court ' s approval, the cost of the matter was charged on the state.
Section 181
The deadline by the Military Criminal Events Law as referred to in this Chapter IV is taken into account starting the next day.
Paragraph 2
Prosecution and Defense
Section 182
(1) After the examination is declared complete, Oditur filed criminal charges.
.,, (2) Against the charges as referred to in verse (1), the defendant and/or the Legal Counsel submit his plea which Oditur can answer, provided the defendant or the Legal Counsel always gets the last turn.
.,, (3) The demands, defense, and answers to the defense are carried out in writing and after being read immediately to the Chief Justice and the copies are handed over to the interested party.
., (4) In terms of an easy case of proof, defense and answers to the defense can be done orally, and Panitera must record it in the news of the event of the trial.
., (5) If the event is referred to in paragraph (1), paragraph (2) verse (3), and paragraph (4) is complete, the Chief Justice states that the examination is declared closed, provided the provision may open it once more, either on the authority of the Chief Justice because In his office or at the request of Oditur, or the defendant, or the counsel of the Law, by giving him
Paragraph 3
The Merger Of The Damages Lawsuit ' s Case
Section 6
., (1) If an act which is the basis of an indictment in a criminal case hearing by the Military Court/High Military Court poses a loss for others, the Chief Justice on the person ' s request may set for a Combine the case of damages to the criminal case.
.,, (2) The request as referred to in paragraph (1) can only be submitted the slowest before Oditur filed a criminal charge.
Section 184
(1) If the disadvantaged party requests the merger of its lawsuit to the criminal case as referred to in Article 183, the Military Court/High Military Court weighed in on its authority to prosecute the lawsuit, about the basic truth of the lawsuit, and about the penalty of reimburseation already issued by the harmed party.
.,, (2) Except in terms of the Military Court/High Military Court declaring it is not authorized to prosecute a lawsuit as referred to in paragraph (1) or the lawsuit is declared unacceptable, the Judge ' s ruling only contains about the designation of sentencing A replacement for the expenses incurred by the wronged.
.,, (3) The termination of the indemnation by itself gets the power of the law to remain, if its criminal rulings also have a fixed legal force.
Section 185
.,, (1) In the event of a merger of a criminal complaint against a criminal case, the incorporation itself takes place in an appeal-level examination.
.,, (2) If against a criminal matter not filed an appeal request, an appeal request regarding the verdict of the indemnation is not permitted.
Section 186
Head of the Military Tribunal/High Military Tribunal because his office is a bailiff, specifically for the implementation of the indemnities due to the merger of the damages suit to the criminal case.
Section 187
The provisions of the civil event rule rule apply to the damages claim along in this Act is not otherwise set up.
Paragraph 4
Deliberations and Determination
Section 188
.,, (1) After the examination is declared closed as referred to in Article 182 of the paragraph (5), the Judge convenes a closed-door deliberation and a secret.
.,, (2) Musyarawah as referred to in paragraph (1) must be based on the letter of indictment and everything that is evident in the examination at the hearing.
., (3) In those deliberations, the Chief Justice asked questions starting from the youngest Judge to the oldest Judge, while the latter emulate his opinion was the Chief Justice and all opinions should be accompanied by consideration. Why.
(4) In the event of a decision in a matter of deliberation, unless it is pursued in earnest, unattainable, the following terms apply:
., a., a. verdict taken with the most votes;
., b. In the case of a non-profit, the verdict is the Judge's most favorable opinion.
(5), (5) the execution of a ruling as referred to in verse (4) is recorded in the book of the ruling which is reserved specifically for that purpose and the contents of the book are confidential.
.,, (6) The severing of the Court may be dropped and announced on that day as well or on another day, which was previously to be notified to Oditur, the defendant, or his Legal Counsel.
Section 189
.,, (1) If the Court argued that from the results of an examination in the defendant ' s mistrial for the deed that was unconfirmed to him was not legally proven and assured, the defendant was distrauted free of all charges.
.,, (2) If the Court argues that the deed to the defendant is proven, but the deed is not a criminal offense, the defendant is broken off of any legal prosecution.
(3) In regard to the (1) and verse (2), the defendant, who exists in the status of a prisoner was ordered to be released immediately, except for the other reason the defendant needs to be detained.
., (4) In the case the defendant is broken free of all charges or disarmed from all charges of law as contemplated in verse (1) and verse (2), if the deed the defendant does according to Judge's judgment is not worth taking place in Soldier's irregularities or discipline, the judge cut the matter back to the Perkara Surrender Officer to be completed according to the Civil Discipline Law channel.
Section 190
.,, (1) If the Court argued that the defendant guilty of committing a criminal offence to him, the Court sentenced him to criminal charges.
(2) The court in dropping the verdict, if the defendant is not detained, may order that the defendant be held, if fulfilled, as set forth in Article 79 and there is sufficient reason for it.
.,, (3) In the case of the defendant being held, the Court in dropping its verdict may assign the defendant to remain in custody or release him if there is sufficient reason for it.
(4) The mandatory detention time is curated entirely from the dropped felon.
.,, (5) In matters of the defendant ever sentenced to disciplinary detention, such disciplinary punishment is mandatory for being considered from a dropped criminal.
Section 191
(1) In the case of the judgment of the idlers or of the free of all charges, the Court decreed that the confiscated evidence be handed over to the right of the right to receive the return of his name in the matter of the law. The verdict is, unless the provisions of the provisions of the evidence must be taken for the benefit of the state or be exterminated or tampered with, so that it cannot be used again.
.,, (2) Unless there is a valid reason, the Court may establish that the evidence is submitted immediately after the trial is complete.
.,, (3) The submission order of evidence is carried out without being accompanied by any condition, except in terms of the ruling yet to have a fixed legal force.
Section 192
The Court ' s ruling is only valid and has the legal power if spoken at the hearing open to the public.
Section 193
.,, (1) The court breaks the case with the presence of the defendant, except in terms of this Act determining another.
., (2) in the event of more than 1 (one) the defendant ' s person in one case, the verdict may be pronounced with the presence of one of the Defendants.
(3) As soon as the verdict is spoken, the Chief Justice is obliged to inform the defendant of all rights, namely:
., a., a. right to immediately accept or immediately reject the verdict;
., b. the right to defile the verdict before declaring accepting or rejecting the ruling, in the middle of the time determined by this Act;
.,, c. the right of requesting the suspension of the ruling in the middle of the time prescribed by the Act to be able to file a pardon, in which case he accepts the verdict;
., d. The right to request was examined in an appeal level in the middle of the time determined by this Act, in which case he rejected the verdict;
., e. the right to repeal the statement as referred to in the letter a in the middle of the time defined by this Act.
Section 1
(1) The order of the idator contains:
.,
., a., a. The head of the verdict reads: "FOR JUSTICE BASED ON THE DIVINITY OF THE ALMIGHTY";
., b. Defendant ' s full name, rank, central registration number, post, unity, place and date of birth/age, gender, citizenship, religion and residence;
c. indictment as contained in the indictment letter;
., d. The concise consideration of the facts and circumstances and the proof of evidence obtained from the hearing at the hearing, which is the basis for the defendant's wrongfully determination;
e. criminal charges as contained in the letter of charge;
., f. The laws of the laws that are the basis of the law or the law of the law, which are the basis of the law of the ruling, and the damning circumstances,
., g. The day and date of the judge's deliberations, unless the case is checked by a single judge;
., h. The defendant's guilt statement, the statement fulfilled all elements in the formula of felon accompanied by his qualifications and the transfer or action of being dropped;
., i. the provision to whom the charge is charged by mentioning the exact number and the provisions of the evidence;
., j. The sign that all the letters are false or the description of the falsehood; if any of the autentic letters are considered false;
No, order for the defendant to be detained or remain in custody or released;
., l. the day and date of the verdict, the name of the Judge who decided, the name of Oditur, and the name of Panitera.
., (2) Not subject to any provision referred to in verse (1) letter a, letter b, letter c, letter d, letter e, letter h, letter h, letter i, letter j, letter k, and the letter l resulted in null and void of law.
.,, (3) The termination is exercised immediately according to the provisions in this Act.
Section 195
(1) The ruling letter is not a loading idator:
.,
., a., a. the provisions as defined in Section 194 of the paragraph (1) except the letter e, the letter f and the letter h;
., b. the statement that the defendant is distraued free of all charges or dissected from all lawsuits, by mentioning the reasons and the laws of the laws that are the basis of the ruling;
c. order that the defendant may be immediately released if he is detained;
., d. The statement that the matter is returned to the Perkara Surrender Officer to be completed through the Civil Discipline Law channel;
e. Rehabilitation statement.
., (2) The Terms of Use (2) as defined in Section 194 (2) and paragraph (3) apply also to this Section.
Section 196
.,, (1) The severing was signed by Judge and Panitera immediately after the verdict was pronounced.
.,, (2) The sentence of the Court ' s verdict is given to the defendant or his Legal and Oditur Counsel, as soon as it is spoken.
.,, (3) A copy of the Court ' s verdict is given to the Perkara Surrender Officers, Oditur, Military Police, and Atasan who are entitled to punish, whereas to the defendant or his legal counsel is given on request.
.,, (4) A copy of the Court ' s ruling may be granted to others only by the permission of the Chief Court after considering the interests of the request.
Section 197
.,, (1) Panitera made news of a hearing that contained all events at the hearing related to that examination.
., (2) The news of the event of the trial as referred to in verse (1) contains also the important of the description of the Witness, the defendant, and the expert unless the Chief Justice states that for this was reasonably appointed to the caption in the news of the examination event By calling the difference between the one and the other.
.,, (3) At the request of Oditur, the defendant or Legal Counsel, the Chief Justice is obliged to order the Panitera to be made records specifically about a circumstance or description.
.,, (4) The news of the trial event was signed by the Chief Justice and Panitera unless one of them was impeded, it was stated in the news of the event.
The Fifth Part
The Coneksitas Checkpoint
Section 198
.,, (1) Criminal Tindak conducted jointly by those who include military judicial and judicial judicial, judicial and judicial judicial proceedings, inspected and tried by the Court in the general judicial environment unless according to the Minister ' s decision with the consent of the Minister of Justice the case must be examined and tried by the Court in the military judicial environment.
(2) The event of a criminal trial as referred to in verse (1) is carried out by a fixed team consisting of Military Police, Oditur, and Investigators in a public judicial environment, in accordance with their respective authority according to the laws of the law. It applies to criminal investigators.
.,, (3) The team as referred to in verse (2) is formed with a letter of decision with the Minister and the Minister of Justice.
Article 199.
.,, (1) To establish whether the Court in the military judicial environment or the Court in the general judicial environment that shall prosecute criminal cases as referred to in Article 198 of the paragraph (1), held joint research by the Prosecutor/Prosecutor Height and Oditur on the basis of the team ' s investigation results as referred to in Article 198 of the paragraph (2).
., (2) The opinions of the joint research are poured in the news of the event signed by the parties as referred to in paragraph (1).
.,, (3) If in joint research there is a conflict of opinion about the Court of competent authorities, it is reported by the Attorney/Attorney General to the Attorney General and by Oditur to Oditur General.
Section 200
(1) If according to the opinion as in the case of Article 199 verse (3) the weight of the damages caused by the offence is in the public interest and therefore the criminal matter must be tried by the Court of Justice in the United States. General judicial environment, Officer Surrender Perkara immediately made a letter of decree the submission of the case submitted through Oditur to the General Prosecution, to be the basis for submitting the case to the Internal Affairs of the State in charge.
(2) If (2) if according to the opinion as referred to in verse (1), the heavy point of loss is inflicted by the military, so that the criminal matter must be judged by the Court of the Military environment, According to Article 199 of the verse (3) it is made the basis for Oditur General to propose to the Minister, in order that the Minister of Justice's approval be issued the decision of the Minister, that the criminal matter is judged. by the Court in the military judicial environment.
(3) The (3) letter of the decree as referred to in verse (2) serves as the basis for the Officer Surrender of Perkara and the Attorney/Attorney General to submit the matter to the Military Court/High Military Court.
Section 201
.,, (1) If the case is submitted to the State Court as referred to in Article 200 of the paragraph (1), the news of the examination event made by the team as referred to in Section 198 of the paragraph (2), is made a note by the Public Prosecuting Service. matter, that news of the show has been taken over by him.
(2) The (2) Terms of Use (1) apply also to Oditur if the case will be submitted to the Court in the military judicial environment.
Section 202.
.,, (1) If in the study as referred to in Article 199 paragraph (1) there is a difference of opinion between the General and Oditur, they each report the difference in the opinion in writing with the file in question. through the Attorney General to the Attorney General and to the Oditur General.
.,, (2) the Attorney General and Oditur General deliberated to take the decision to end the differences of opinion as referred to in verse (1).
.,, (3) In terms of the difference of opinion between the Attorney General and Oditur General, the Attorney General ' s opinion is charging.
Section 203
., (1) In the case of a criminal case as in Article 198 of the paragraph (1) trial by the Court in the general judicial environment or the Court in the military judicial environment, that prosecuting the case is the Assembly of Judges consisting of At least three (three) judges.
.,, (2) In terms of the Court in the general judicial environment that trial the criminal case as referred to in Article 198 of the paragraph (1), the Assembly of Judges is made up of the Chief Justice of the Court in the general judicial circle and the Member Judge who Each is set in a draw from the Court of Justice in the general judicial environment and the court of martial law.
.,, (3) In terms of the Court in the military judicial environment that trial the criminal case as referred to in Article 198 of the paragraph (1), the Assembly of Judges is made up of the Chief Justice of the Court in the military judicial environment and the Judge Member set out to be evenly balanced each of the Courts in the military judicial environment and from the Court in the general judicial environment given the titular military rank.
., (4) The provisions of what is referred to in verse (2) and paragraph (3) apply also to the Court of Appeal.
.,, (5) the Minister of Justice and the Minister reciprocally proposed the appointment of a Member Judge as referred to in paragraph (2), paragraph (3), and verse (4).
The Sixth Part
Special Cheating Event
Section 204.
(1) Special vetting event executed by the Military Court of Combat.
.,, (2) The Military Court of Combat inspets and discharges criminal cases in the first and last degree.
.,, (3) The Military Court of the Battle examined and disarmed the criminal cases committed by them as referred to in Article 9 of the 1 in the battle area.
.,, (4) Against the ruling as referred to in verse (2) The defendant or Oditur can only apply for Cassation.
Section 205
Proof in the special vetting event applies the provision that:
a. Judge ' s knowledge may serve as one of the evidence tools;
., b. Evidence is fairly proven by a letter of testimony made on the oath of the officials concerned.
Section 206
The Battle of the Military Court of War is said in an open hearing to the public.
Section 207
.,, (1) The implementation of the ruling Military Court ruling that did not contain the death penalty was not delayed due to the plea of clems.
., (2) When the death penalty is dropped, a new implementation can be done after the President takes a decision on the clems of the matter concerned.
Section 208
.,, (1) If the order of clems is filed, the Panitera on the Military Court of the Battle addresses the case file to the Supreme Military Court.
.,, (2) The Major Military Court after hearing Oditur General ' s opinion gives his opinion to the President.
Section 209
The provisions of the examination event in the Court trial as referred to in the Third Section and the examination event as referred to in the Fourth Section apply to the extent that the terms are in question not contrary to the special examination event referred to in this Section 6.
Section 210
The appointment of the official and judicial administration of the Military Tribunal of the Battle and the Military Oditur of the Battle as referred to in Article 12 of the letter d and Article 49 of the paragraph (1) of the letter d is further governed by the Commander's Decision.
The Seventh Part
The Quick Check Event
Section 211
.,, (1) Which is checked according to a quick check event is a specific violation case against traffic laws and road transit.
.,, (2) For the case of traffic violations and road transit, no news of the inspection event, enough news of traffic violations events and road transit.
.,, (3) Military Courts/High Military Courts of judgment with a single Judge who is executed the slowest 7 (seven) days after the evidence of the breach is received.
(4) The severing can be dropped despite the defendant not present at the hearing.
.,, (5) In terms of a criminal drop of independence appropriation, the defendant may appeal.
.,, (6) In terms of the ruling dropped outside the defendant ' s absence and the verdict was a criminal of independence appropriation, the defendant can file a fight.
(7) Within 7 (seven) days after the verdict was legally notified of the defendant, he was able to submit a resistance to the Court which brought down the ruling.
(8) With the resistance it rulings beyond the presence of the defendant to fall.
(9) After the Panitera informed Oditur about the resistance, the judge, as referred to in verse (3), set the day of the trial to re-examine the matter.
., (10) If the verdict after the adjudication of the resistance remains a criminal as it is referred to in verse (6), against the ruling the defendant may appeal.
Section 212
In a quick examination event, the Judge as referred to in Article 211 of the paragraph (3) may drop a ruling based on a conviction supported by 1 (one) valid evidence tool.
Section 213.
The return of the citations is performed uncondor to the right, as soon as the verdict is dropped, if the convict is already fulfilling an amar verdict.
Section 214
The provisions of the examination event in the Court of Justice as referred to in the Third Part and the usual examination event as referred to in the Fourth Section apply to the extent that the terms are meant not to contradictory the event as referred to in this Seventh Part.
The Eighth Part
Legal Help
Section 215
.,, (1) For the benefit of his criminal defense, the suspect or defendant is entitled to legal assistance at all levels of examination.
.,, (2) The legal assistance as referred to in paragraph (1) is primarily from the legal aid service that exists in the Armed Forces environment.
.,, (3) The order of the granting of legal assistance as referred to in paragraph (1) is set further by the Commander's Decision.
Section 216.
.,, (1) the Legal Adviser accompanying the Suspects at the level of inquiry or defendant at the examination level at the Court hearing must be on the order or by the permission of the Surrender Officer or any other official who is shown.
., (2) The legal counsel who accompanies the civilian suspect in the trial of the matter of conexity, should be as permission of the Chief Justice.
Section 217.
.,, (1) In the case of the Suspect or the defendant is discredited or charged with a criminal offence of being threatened with a death criminal or threatened with a prison criminal 15 (fifteen) years or more, the Perkara Surrender Officer or another prison appointed him. Whether to appoint a legal advisor to the suspect or the defendant
., (2) Any Legal Counsel who is appointed to act as referred to in paragraph (1) provides his assistance with free.
.,, (3) The Legal Counsel is entitled to send and receive a letter from the Suspect or the defendant whenever it is desired by him.
Section 218
.,, (1) The Legal Counsel as referred to in Article 216 is entitled to contact and speak to the Suspect or the defendant on any level of examination for the benefit of his or her pertinal defense with supervision by the concerned officials accordingly With an examination rate.
.,, (2) The Legal Counsel who proved to abuse his right of talks with the Suspect or the defendant, according to the examination rate, the Investigator, Oditur, or the officers of the Military Prisoners Home gave a warning to him.
(3) If the warning as intended on a verse (2) is violated the following relationship is prohibited.
The Ninth Part
The Usual Legal Efforts
Paragraph 1
The Appeal Level Check
Section 219:
The defendant or Oditur reserves the right to appeal against the ruling of the first-degree Court unless the verdict is free of any indictment or release of any prosecution that concerns the issue of the less precise application of law and ruling. The court is in a fast event which is an appropriation of independence.
Section 220
.,, (1) The interest of the appeal as referred to in Article 219 may be appealed to the Court of Appeal by the Defendant or Oditur and for the violation of the traffic by the defendant or the person in particular is reused to it.
(2) The request of an appeal as referred to in verse (1) may be accepted by the panitera of the first trial within 7 (seven) days after the verdict was dropped or after the verdict was notified to the defendant who was not present.
.,, (3) Panitera is prohibited from accepting the request of an appeal which cannot be compared or the appeal request that was filed after the specified timeout ended and listed the rejection in the deed of appeal for appeal. It was signed by the Panitera and the petitioner in question.
.,, (4) Request appeal against the matter examined and distrauted without the presence of the defendant submitted within 7 (seven) days after the verdict was announced.
.,, (5) The Panitera is required to make a letter of testimony to the appeal by being signed by him and the appeal applicant as well as a copy given to the applicant in question.
.,, (6) In terms of the applicant cannot face, this must be recorded by Panitera with the accompanying reason and the note must be attached to the case file and also written in the case register.
.,, (7) In terms of the first-degree Court receiving an appeal request, whether submitted by Oditur or Defendant and filed by Oditur and the defendant at once, the Panitera is obliged to notify the party of the other party. Another one.
Section 221
.,, (1) When the passage of time as referred to in Article 220 of the verse (2) is passed without a request of an appeal, the question is considered accepting the verdict.
(2) In the event referred to in verse (1), Panitera recorded and made the deed about it and overtook it in the case file.
Section 222.
.,, (1) As long as the appeal has not been broken by the Court of Appeal, the appeal request may be revoked at any time and in case it has been revoked, the appeal request in that case should not be submitted any further.
.,, (2) If the case has already begun to be checked but not yet broken, while the petitioner is revoking its appeal request, the applicant is charged with a matter that has been issued by the Court of Appeal until the depayment of the term.
Section 223
(1), (1) The slowest in the time of 14 (fourteen) days from the request of the appeal, Panitera sends a copy of the first degree of the Court and the file of the case and the letter of evidence to the Court of Appeal.
., (2) For 7 (seven) days prior to the dispatch of the case file to the Court of Appeal, the appeal applicant is required to be given the opportunity to study the case file in the first-degree trial.
(3) In the case of an appeal which clearly states it in writing that he will study the file on the Court of Appeal, to him is mandatory for it as soon as 7 (seven) days after the case file. was received by the Court of Appeal.
.,, (4) To each mandatory appeal applicant is given a chance at any time researching the authenticity of his model file already on the Court of Appeal.
Section 224.
As long as the Court of Appeal begins to examine a matter, either the defendant or the person or the Oditur can submit the memory of appeal or the memory of an appeal to the Court of appeal.
Section 225
.,, (1) Examination at the level of appeal is performed by the Court of Appeal on the basis of the matter received from the first-degree trial made up of the news of the examination of the Investigations, the news of the examination event at the Court hearing The first level, along with all the letters that arise at the hearing, are related to that matter and the first-degree ruling.
.,, (2) The authority to determine the detention has switched to the Court of Appeal level since the time of the appeal request.
.,, (3) Within 3 (three) days since receiving the appeal file of the first-degree Court, the Court of Appeal is required to study it to establish whether the defendant needs to remain detained or not, either because of the authority of his office and because the defendant's request.
(4) If seen as necessary, the Court of Appeal hears itself the defendant or Witness or Oditur by explaining briefly in a summons to them about what he wants to know.
Section 226
., (1) The determination as referred to in Article 149 of the paragraph (1) and Article 150 of the paragraph (1), paragraph (2), and paragraph (3) applies also to the examination of the case at the level of appeal.
., (2) The relation of the family as referred to in Article 149 of the paragraph (2) applies also between the Judges and/or the Panitera of the appeal level with the first-degree Judge or Panitera who have already tried the same thing.
.,, (3) If a Judge severing the case on the first-degree trial becomes a Judge on the Court of Appeals, the judge is prohibited from examining the same case on the appeal level.
Section 227
.,, (1) If the appellate court argues that in examination at the first level it turns out there is negligence in the application of the law of the event or the error or there is less complete, the Court of appeal with its verdict can be ordered the first-degree Court to correct that or the appellate court did so on its own.
.,, (2) If necessary, the Court of Appeal of Appeal with its verdict may cancel the first-degree Court ruling before the Court of Appeal rate drops the final verdict.
Article 228.
.,, (1) After all matters in the provisions as referred to in Section 227 are considered and executed, the Court of Appeal rates takes the verdict, corroborates or changes or invalidate the first-degree Court ruling.
.,, (2) In terms of the Court of Appeal level rescinde the first-degree Court ruling, the Court of Appeal rate breaks its own.
.,, (3) In the event of the annulment occurred on the first-degree Court ruling because he was not authorized to examine the matter, applicable the provisions as referred to in Article 133.
Article 229.
If the defendant's appeal is in custody, the Court of Appeal in its verdict ordered the defendant to remain detained or be released.
Section 230
(1) A copy of the judgement of the Court of Appeal and the file of the case, within seven days after the sentence was dropped, it was sent to the court that cut it at the first degree.
.,, (2) The contents of the verdict are immediately notified to the Defendants and Oditur by the Panitera First-degree Courts and subsequently the notice is noted in a copy of the Court of Appeal ruling.
.,, (3) The provisions of the Court ' s ruling as referred to in Article 196 apply also to the Court of Appeal.
., (4) In matters of the defendant housed outside the jurisdiction of the first-tier court, Panitera called for aid to the first-degree Panitera, which in his law area the defendant resided to notify the contents of the court. the verdict to him
.,, (5) In matters of the defendant unknown to his residence or residence abroad, the contents of the ruling letter as referred to in verse (2) are delivered through the head of the village or official or through the representative of the Republic of Indonesia in place of the The defendant is an ordinary person, and the defendant is called two (two) times in a row through two (two) newspapers published in the legal area of the first-level Courts of Justice itself or the area which the court has given. Close proximity to that area.
., (6) In the case of the defendant be discharged with respect or not with respect/dismissed from the army of the soldiering and unknown to his residence, the contents of the verdict as referred to in verse (2) are delivered through the head of the village in place And when the defendant was not delivered, the defendant was called two (two) consecutive days, two (two) of the newspapers published in the law of the Court, which cut off the war.
Paragraph 2
Kasation Level Check
Section 231.
Against the judgment of the criminal case given by the Court of Appeal or the first and final trial, the defendant or Oditur may apply for a cassation to the Supreme Court, except against the free verdict of all the laws of the law. indictments.
Section 232
.,, (1) The request of the cassation was delivered by the petitioner to the Panitera Courts as referred to in Article 231 in the time of 14 (fourteen) days after the case of the Court of Cassation was told to the defendant.
.,, (2) The request as referred to in paragraph (1), by Panitera is written in a capitation letter signed by Panitera as well as the applicant and is recorded in a list attached to the case file.
(3) In the case of the Court as it is referred to in verse (1) accept the plea of the cassation, whether by Oditur or the defendant and the defendant and the defendant, and the Panitera shall notify the request of the other party. To the other side.
Section 233
.,, (1) If the timeout as referred to in Article 232 paragraph (1) is past without being submitted for the cassation by the concerned, the pertinent is considered accepting the verdict.
.,, (2) If in the middle of the time senagaimana is referred to in verse (1) the late applicant applied for a cassation request, the right was killed.
., (3) In the event referred to in verse (!) or verse (2), Panitera notes and makes the deed regarding it as well as attached it to the case file.
Section 234
., (1) As long as the case of the case of the case has not been broken up by the Supreme Court, the case may be revoked at any time and in case it has been revoked, the case of the case cannot be submitted.
.,, (2) If the revocation is carried out before the case files are sent to the Supreme Court, the file is not so delivered.
.,, (3) If the case is already begun to be examined but not yet broken, while the petitioner is revoking its application, the applicant is charged with the charge of the Supreme Court until the decocity is dismissed.
(4) The case of cassation can be done only 1 (one) times.
Section 235
(1) The supplication of the case is required to submit the memory of the cassation which contains the reason for the request of his case and within 14 (fourteen) days after submitting it, must have passed it over to the Panitera for which it gave the letter a sign. Thank you
.,, (2) In the case of the petitioner being the defendant who underunderstands the law, Panitera at the time of receiving a mandatory cassation request asks whether the reason he applied for such a plea and for that Panitera made his memory of the case.
.,, (3) If in the middle of time as referred to in paragraph (1) the overdue applicant gives up the memory of the cassation, the right to apply for a cassation of the fall.
., (4) The provisions as referred to in Section 233 paragraph (3) apply also to the paragraph (3) of this Section.
.,, (5) A copy of the cassation memory submitted by one of the parties, by Panitera is delivered to the other party and the other party is entitled to apply for the counter memory of the cassation.
.,, (6) In the middle of the time as referred to in verse (1), Panitera delivered a copy of the counter memory of the cassation to the parties that originally applied for the memory of the cassation.
Section 236
.,, (1) In which case either party argues there is still something that needs to be added in the memory of the cassation or the counter memory of the cassation, to him given the opportunity to submit that addition in the middle of the time as referred to in Article 235 verse (1).
., (2) Additional as it is referred to in paragraph (1) is submitted to the Panitera of the first and last-degree Courts of Courts or the last and last-degree Courts.
., (3) the slowest in the time of 14 (fourteen) days after the time period as referred to in paragraph (1), the request of such a case by the Panitera of the First and Final Court of the First and Final Court. It was delivered to the Supreme Court of the Supreme Military Court.
(4), (4) After the Panitera of the Major Military Court accepts the case of the case of the case in verse (3), he is required to pass the case to the Supreme Court.
Section 237
.,, (1) After the first-degree Panitera of the Court of receiving memory and/or counter of memory as referred to in Article 235 of the verse (!) and verse (3), he is obliged to immediately send the case file to the Supreme Court through the Primary Military Court.
.,, (2) After the Penitera of the Primary Military Court accepts memory and/or counter-memory as referred to in verse (1), he is obliged to immediately convey the memory and/or counter of that memory to the Supreme Court.
.,, (3) After the Panitera of the Supreme Court received the file, he immediately noted it in his book agenda, case register, and pointing cards.
.,, (4) The register book of the case as referred to in paragraph (3) is mandatory, closed, and signed by Panitera on every weekday and to be known is signed also due to his post by the Chief Justice.
., (5) In case the Chief Justice is impeded, the signing is done by the Deputy Chief Justice and if both are impeded, appointed the oldest Judge Member in office with the Supreme Court Speaker ' s decree.
.,, (6) Next The Panitera of the Supreme Court issued a letter of receipt of the receipt originally sent to the Panitera First and last-degree Court of the Court in question, while a copy was sent to the The parties.
Section 238
.,, (1) The provisions as referred to in Article 149 apply also to the examination of the case at the level of the cassation.
., (2) The relation of the family as referred to in Article 149 of the verse (!) applies also between the judge and/or the Panitera of the level of the cassation with the Judge and/or the Panitera of the appellate level as well as the first degree that already adjured the same case.
(3) If a Judge judges the case at first or at the first and final level or at the level of appeal, then it is already a Judge or Panitera on the Supreme Court, they are prohibited from acting as a Judge or Panitera for the same thing at the cassation level.
Section 239.
.,, (1) Examination at the level of cassation is performed by the Supreme Court as referred to in Article 231 and Section 235 to determine:
.,
., a., a. whether or not a legal regulation is not applied or applied is not as it should be.
., b. Is it true that the manner of judgment is not implemented according to the laws of law;
c. is the Court beyond the limits of its authority.
(2) The examination referred to in verse (1) is performed with at least 3 (three) judges on the basis of the case files received from other courts other than the Supreme Court, which consists of news of the examination of the Investigators, News of the hearing at the hearing, all the letters that appear at the hearing related to the matter and the first and last-and-last-and-first-degree Court ruling.
.,, (3) If seen as necessary for the purpose of vetting as referred to in verse (1), the Supreme Court may hear directly the defendant or Witness or Oditur, by explaining briefly in a summons to the They about what he wants to know or the Supreme Court can command the court as it is in a verse (2) to hear their description, in the same way.
.,, (4) The authority to determine the detention has turned to the Supreme Court since it was adjudicated a cassation plea.
.,, (5) a. Within 3 (3) days since receiving the case file of the case in paragraph (2), the Supreme Court is required to study it to determine whether the defendant should remain in custody or not, either because of his post or due to the request of the law. The defendant;
.,
., b. In the event the defendant remains detained, within 14 (fourteen) days since the establishment of the Supreme Court's detention is required to examine the matter.
Section 240
., (1) The provisions as referred to in Article 150 of the paragraph (1) and paragraph (2) apply also to the examination of the case at the level of cassation.
.,, (2) If there is any doubt or opinion difference regarding the thing referred to in paragraph (1), in the case of the cassation:
.,
., a., a. Chairman of the Supreme Court because his office acts as an official in charge of establishing;
., b. In regards to the Chief Justice himself, the authority to make it a committee of three (three) persons chosen by and among the Judges of the 1 (one) of whom must be the oldest Judge Member in the Office.
Section 241
In the event the Supreme Court examined the application of the cassation because it had fulfilled the provisions as referred to in Article 232, Article 233, and section 234, regarding the law of the Supreme Court could either disapprove or grant a case of cassation.
Section 242
.,, (1) In the event of a ruling being overturned because the rule of law is not applied or applied not as it should be, the Supreme Court adjured the matter.
(2) In the case of a verdict was annulled due to judgment not to be carried out according to the provisions of the statute, the Supreme Court upheld the accompanying instructions for the Court to decide the case in question examining it again concerning the passage of the law. which was cancelled or based on a particular reason the Supreme Court could set the matter examined by a court of another level.
.,, (3) In terms of a ruling being overturned because the Court or the Judge in question is not authorized to prosecute the matter, the Supreme Court sets the court or another judge prosecuting the matter.
Section 243
If the Supreme Court grants the case of the case in Article 241, the Supreme Court invalidate the Court ruling for which the case is held and in that case applies the terms as referred to in Article 242.
Section 244
The provisions referred to in Article 196 of the paragraph (2), paragraph (3), paragraph (4) and Section 230 apply also to the Supreme Court of the Supreme Court, except for the time of the transfer of a copy of the verdict and the document file to the severance of the Court of Justice. at the first level or at the first and last level in the middle half of the day 7 (seven) days.
The Tenth Part
The Extraordinary Legal attempt
Paragraph 1
Kasation Level Check
For The Benefit Of The Law
Section 245
.,, (1) For the sake of the legal interest of all verdiments already obtaining the fixed legal power of the Court, it can be submitted 1 (one) times the application of the cassation by Oditur General.
.,, (2) The termination of the cassation in the interest of the law should not harm the interested parties.
Section 246
(1) The application of the case for the sake of law is delivered in writing by Oditur General to the Supreme Court through the Panitera Courts which have already broken the matter at first and first level, with treatises. It contains the reason for that request.
.,, (2) A copy of the treatise as referred to in verse (1) by Panitera is soon delivered to an interested party.
.,, (3) The head of the Court concerned immediately forwarded the request to the Supreme Court through the Main Military Court.
Section 247
.,, (1) A copy of the rudiment ruling in the interest of the law by the Supreme Court is delivered to the Oditur General and to the Court concerned with the accompanying file of the case.
., (2) The provisions as referred to in Section 230 of the paragraph (2) and paragraph (4) apply also to the examination of the level of cassation in the interest of the law.
Paragraph 2
Return Review Check
The Ruling Already by
Fixed Legal Force
Section 248
., (1) Against the judgment of the Court which has obtained the power of the law remains, unless the verdict is free of any charge or release of any legal prosecution, convicted or his heir may submit a review request to the Court. Great.
(2) The review request is done on the basis:
.,
., a., a. In the case of a new state, that when it is known, that when the trial is set, it shall be a free verdict of all charges, or judgment, of any law, or judgment. Oditur is not acceptable, nor is it against it being applied to a lighter criminal provision;
., b. In the event of a ruling against a statement that something is proven, but the matter or circumstance as the basis and reason of the stated verdict has proved to be contrary to one another;
., c. if the verdict clearly shows you a Judge or a Real Mistake.
(3) (3) On the basis of the same reason as referred to in verse (2) against a court ruling which has already obtained a fixed legal force, Oditur may submit a review request if in the ruling it is a deed. It is revealed that it is revealed to be proven but not followed by an idolatry.
Section 249
.,, (1) The request of a review by the applicant as referred to in Article 248 of the paragraph (1) is submitted to the Panitera Courts that have already broken the matter at the first level or at the first and last level by mentioning Clearly the reason.
.,, (2) The provisions as referred to in Section 232 paragraph (2) apply also to the request of a review.
(3) Rereview requests are not limited to the timeout of time.
.,, (4) In the case of the review applicant again is the criminalized misunderstanding of the law, Panitera at the time received a mandatory review request asking if the reason he submitted the request and for that Panitera made the letter Review request returned.
.,, (5) The head of the concerned Court immediately sent a review request letter back with his library file to the Supreme Court through the Main Military Court, accompanied by an explanative note.
Section 250
.,, (1) the first and first level of the Court Chief Justice, after receiving a review request, as referred to in Article 248 of the paragraph (1), appoints the Judge who did not check the original case in which the review was requested. returns it to check if the request of such a review meets the reason as referred to in Article 248 of the paragraph (2).
(2) In the examination as set forth in verse (1), the applicant and Oditur are present and can convey his opinion.
.,, (3) At the examination it was made news of the vetting event signed by Judges, Oditur, the petitioner, and Panitera, and based on the news of the event was made news of the opinion show signed by Judge and Panitera.
., (4) The head of the Court concerned immediately to request a review attached to the original case file, the news of the examination event, and the news of the event of the opinion to the Supreme Court through the Supreme Military Court which is stewed The delivery letter is delivered to the petitioner and Oditur.
., (5) In the event of a matter which is requested the review is the verdict of the Court of Appeal, the busan of the letter must be attached to a copy of the news of the examination and the news of the event and is presented to the Court of Justice. The appeal level is concerned.
Section 251.
.,, (1) In terms of the return request not meeting the provisions as referred to in Article 248 paragraph (2), the Supreme Court stated that the request for review was not acceptable with the basis of the reason.
.,, (2) In terms of the Supreme Court arguing that the review request may be re-received to be examined, applies the provisions as follows:
.,
., a., a. If the Supreme Court does not justify the petitioners, the Supreme Court rejects the request of a review by stipulating that the ruling in which the review remains in effect remains in effect with the basis of its consideration;
., b. If the Supreme Court justifies the petitioners, the Supreme Court invalidate the ruling and dropped the ruling that could be:
., 1. the free verdict of all charges;
2. The verdict is free of all lawsuits;
3. The verdict cannot accept Oditur ' s demands;
4. The verdict by implementing a lighter criminal provision.
.,, (3) The criminal dropped in a review ruling shall not exceed the criminal who was already dropped in the original ruling.
Section 252.
.,, (1) A copy of the Supreme Court ' s ruling on the review and file of its caravan within 7 (seven) days after the ruling was dropped, sent to the Court continuing the review request.
., (2) The provisions as referred to in Article 230 of the paragraph (2), paragraph (3), paragraph (4), and paragraph (5) apply also to the Supreme Court ' s ruling regarding the review.
Section 253
.,, (1) The request of a review over a ruling does not suspend or discontinue the execution of the ruling.
.,, (2) If a review request is re-accepted by the Supreme Court and while the applicant dies the world, regarding the continued or re-review, it is passed to the will of his heirs.
.,, (3) The request of a review of a ruling over a ruling can only be performed 1 (one) times.
The Eleventh Part
The Execution Of The Court Ruling
Section 254
.,, (1) The severing of the Court which already obtained the power of the law remains, its implementation was carried out by Oditur who to that Panitera sent a copy of the verdict to him.
.,, (2) Predating the copy as referred to in paragraph (1), Oditur carries out a Court ruling based on the conviction of the verdict.
Section 255
The execution of a dead criminal is conducted according to the provisions of the applicable laws and not in public.
Section 256
.,, (1) prison or imprisonment is held in the Military Correctional Institution or elsewhere according to the provisions of the applicable laws.
.,, (2) In terms of the penal being convicted of imprisonment or confinement and then sentenced to prison or a type, before serving a previously-dropped criminal, the criminal begins to run with the criminal who was dropped first.
(3) If the convict is dismissed from the soldiering service, the criminal is as good as it is.
Section 257
In the event of the Court dropping parolees, its implementation is conducted with the oversight as well as the earnest observation and according to the provisions of this Act.
Section 258
.,, (1) In terms of the Court dropping a criminal fine, the convict is given a half-time (one) month paying the penalty, except in a quick event that the payment of the dentures must be repaid instantly.
.,, (2) If there is a strong reason, the half-time period as referred to in paragraph (1) can be extended for at least 1 (one) months.
Section 259
.,, (1) In terms of the Court ruling stipulating the appropriation of evidence for the state, Oditur cashed in the matter to the State Lelang Office for sale at auction within 3 (three) months and the result was put to the state coffers on behalf of Oditurat.
.,, (2) The Tenggang of Time as referred to in paragraph (1) may be extended at least 1 (one) month.
Section 260
., (1) In terms of the Court dropping also the indemnation verdict as referred to in Article 184, the implementation is conducted according to the manner of the perdata ruling.
(2) If in one (one) case there are more than 1 (one) persons, the payment of the indemnitious as referred to in a verse (1) is charged to the Registered together in a balanced way.
Section 261
.,, (1) The cost of the case specified in the Court ' s ruling is paid for by the Criminal in the mid-time period 1 (one) month.
.,, (2) The Tenggang of Time as referred to in paragraph (1) may be extended at least 1 (one) month.
(3) If in one (one) case there is more than 1 (one) Criminal, the payment of the charges as referred to in verse (1) is charged to the convicts together in a draw.
The Twelfth Part
Supervision and Observation
The Execution Of The Court Ruling
Section 262
.,, (1) The supervision and observation of the Court ' s ruling that decharges the criminal appropriation of independence is carried out by the Chief Justice of the concerned and in his execution assisted by a Judge or more as a supervising judge and observer.
.,, (2) The Judge as referred to in paragraph (1) is appointed by the Court Chief for the longest (2) year.
(3) The supervisors and observers hold oversight to obtain certainty that the Court's ruling is carried out as it should be.
.,, (4) Judge supervisors and observers hold observations for research materials for the sake of useful correctness, which is obtained from the behaviour of the Prisoner or the coaching of the Military Correctional Institution as well as the influence of reciprocity against the Prisoner during his criminal experience.
(5) The (5) Observation as referred to in verse (4) remains after the Penal is completed in its course.
.,, (6) The supervision of the implementation of a conditional criminal verdict is performed with the help of Atasan who is entitled to punish the convict.
.,, (7) The results of supervision and observation are reported by the supervising Judge and the observer to the Court Chief periodically.
Section 263
., (1) Oditur sent a copy of the event of the event of the judgment of the Court of Justice signed by Oditur, the Chief of the Military Penitentiary, and the penal to the breaking of the Court, Atasan the Rightful Punish, and the Surrender Officer The case, subsequently, a copy of the news show's execution of the verdict received by the Panitera in the book register of surveillance and observation.
.,, (2) The surveillance and observation register book as referred to in paragraph (1) is mandatory, closed, and signed by Panitera at any work day and to be known to be signed also by the Judge as referred to in Article 262.
The Thirteenth Part
Event News
Section 1
(1) The event news is made for any action about:
., a., a. Suspect's inspection;
B. arrest;
C. containment;
D. search;
e. home income;
f. confiscation of objects;
G. mail check;
h. Witness examination;
i. examination at the scene;
., j. the implementation of the assignment and the judgment of the Courts or Courts in the general judicial environment; and
No, the implementation of other actions in accordance with the provisions in this Act.
.,, (2) The news of the event is made by the official concerned in performing the act as referred to in verse (1) and made on the power of the oath of office.
.,, (3) The news of the event in addition to being signed by the official as referred to in verse (2) is also signed by all parties involved in the act as referred to in verse (1).
BAB V
THE LAW OF THE MILITARY PLANNING EVENT
The First Part
The lawsuit
Section 265
.,, (1) The person or the Civil Law Agency who feels its interests are harmed by a Decree of the Armed Forces Effort may submit a written lawsuit to the High Military Court of competent authority that contains the demands for the Tata Decision The disputed Armed Forces effort was declared null or void, with or without the demands of a compensation and/or rehabilitation charge.
.,, (2) The reason that can be used in the lawsuit as referred to in paragraph (1) is:
.,
., a., a. The decision-making decision of the Armed Forces is contrary to the provisions of the applicable laws;
., b. The Armed Forces or Agency of the Armed Forces in time issued a decision as referred to in the paragraph (1) already using its authority for other purposes of the intent of the authoring of such authority;
., c. The body or agency of the Armed Forces of the Armed Forces at the time of issuing or not issuing a decree as referred to in paragraph (1) after considering all interests that are stuck with the decision should not be up to Take or not make that decision.
.,, (3) Soldiers and those who are equated with the soldier may file a lawsuit after the entire administration effort in question has been used in accordance with the provisions of the applicable laws.
.,, (4) The administrative effort as referred to in paragraph (3) is set further by the Commander ' s decision.
Section 266
.,, (1) A lawsuit dispute the Armed Forces Tata disputes is filed to the High Military Courts of competent authorities whose law areas include the Position of the defendants.
.,, (2) If the Defendant is more than one Body or Officer of the Armed Forces and is based not in one area of the High Military Tribunal, a lawsuit is filed against the High Military Court whose legal area includes the premises. The seat of one of the defendants.
.,, (3) In terms of the place where the defendant is not in the law area of the High Military Court where the defendant ' s residence, the lawsuit may be filed to the High Military Court whose legal area includes the Defendant Residence for the next The suit is passed on to the High Military Court in charge
.,, (4) In certain terms pursuant to the nature of the dispute the Concerned Forces of the Armed Forces are concerned that are set up with the Commander ' s decision, a lawsuit may be submitted to the High Military Court of competent authorities whose legal area covers the premises The defendant's residence.
.,, (5) If the Defendant And Defendant are located or are abroad, a lawsuit is filed against the High Military Court in Jakarta.
.,, (6) If the Defendant is in the country and the defendant abroad, the suit is filed against the High Military Court in the position of the defendant's office.
Section 267
A lawsuit may be filed only in the middle of 90 (ninety) days from the moment or at the end of the decision of the Agency or an Officer of the Armed Services Governing Body/Instancy of the Agency or Officer of the Armed Forces Governing Body (s) concerned in terms of any administrative efforts.
Article 268
(1) The lawsuit is filed by loading:
.,
., a., a. the full name, rank, central registration number, title, unity, place and date of birth/age, gender, nationality, religion, residence, and the job of the plaintib or its ruler;
B. Position name and place of the defendant's position;
.,, the c. base of the suit and the thing that or is asked to be decided by the High Military Court.
.,, (2) If a lawsuit is made and signed by a plaintiff ' s power, the lawsuit must be accompanied by a letter with legal authority.
.,, (3) Seable suits may also be accompanied by the decision of the Disputed Armed Forces Effort by the plaintie.
.,, (4) For the Soldiers or to be accompanied by a soldier, a suit may also be accompanied by a decision of the authority of the Board of the Armed Forces concerned in the administration's efforts.
Section 269
.,, (1) disputable parties each may be accompanied or represented by 1 (one) person or some power person.
.,, (2) If the Defendant is a Private who wishes to be accompanied by one or more powerful men, he must obtain the permission of the Commander or Chief-level Commander of the Battalion.
.,, (3) The granting of the power can be done with a special power letter or can be performed orally at the trial.
.,, (4) The letter of power made outside the country of its form must meet the requirements in the country concerned and known by the Representative of the Republic of Indonesia in the country, as well as later translated into Indonesian by translator Official.
., (5) If seen as necessary, the Judge authorized to command both sides of the dispute to come facing themselves to the trial, even if it is represented by a powerful man.
Section 270.
.,, (1) To file a lawsuit, the plaintiser pays the advance of the cost of the case, which is the magnitude of which was feared by the Panitera High Military Court.
.,, (2) After the Defendant paid the advance of the case fee, the lawsuit was noted in the list of matters by the Panitera High Military Court.
(3) The slowest of thirty (thirty) days after the action is recorded, the judge determines the day, time, and place of the trial, and instructorates the two parties to be present at the appointed time and place of the trial.
.,, (4) The subpoenaed to the defendant is accompanied by a copy of the lawsuit with the notice that the suit may be answered in writing.
Section 271
.,, (1) The prosecuting may apply to the Chief of the High Military Court to dispute for free.
.,, (2) If the Defendant is a Soldier at the time of filing a lawsuit, he must include a letter of testimony from his superiors.
., (3) To the defendant who was not a soldier, a plea was filed in the time that the defendant filed his lawsuit accompanied by a letter of testimony stating that the defendant was unable to pay the case fee from the village head or lurah in residence. Petitioner.
Section 272
.,, (1) the request as referred to in Section 271 should be examined and set by the High Military Tribunal before the subject matter is checked.
.,, (2) The Redemption as referred to in paragraph (1) is taken at the first and last level.
.,, (3) The High Military Tribunal ' s Appointments that have granted the Defendant's plea to the dispute for free-only in the first degree also apply to the level of appeal and cassation.
Section 273
.,, (1) In a deliberation meeting, the Chief High Military Court of competent authorities ruled with a designation which was supplemented by consideration that the filed suit was declared unacceptable or unfounded, in terms of:
.,
., a., a. The subject of the suit is real not included in the Court's authority;
., b. The terms of the lawsuit as referred to in Article 268 are not filled by the defendant, even if he is informed and warned;
c. The lawsuit is not based on a viable reason;
., d. What was prosecuted in the actual lawsuit was met by the Decree of the Armed Forces Sued;
e. The lawsuit was filed before his time or time.
.,, (2) a. According to the Meeting of the Day of the Meeting, it is said to have been appointed by the two parties.
.,
., b. The exposition of both parties is carried out with a postal letter recorded by the Panitera High Military Court on the orders of the Chief High Military Court, accompanied by evidence of dispatch.
.,, (3) a. (On the Day of Judgment), the trial of the Supreme Court of the Supreme Court in the midst of the four days after its uttered term.
.,
., b. The resistance was filed in accordance with the provisions as referred to in Article 267.
.,, (4) The Resistance as referred to in paragraph (3) is checked and disarmed by the High Military Court with a quick inspection event.
.,, (5) In the event of such resistance is justified by the High Military Tribunal, the designation as referred to in paragraph (1) fall by law and the subject of the suit will be examined, distrauted, and completed according to the usual examination event.
.,, (6) Against the ruling regarding that resistance, it cannot be used by legal efforts.
Section 274
.,, (1) In terms of the plea of a claim received or resistance justified as referred to in Article 273 paragraph (5), the Head of the High Military Court appoints the assembly of the assembly of judges by issuing the designation of judges and based on the assignment of judges It was the Chief Justice of the House of Justice issuing a court date and ordered the Panitera to call the parties or the authorities and the Witnesses with a recorded postal letter.
.,, (2) The subpoenaed to the defendant is accompanied by a copy of the letter of the lawsuit with the notice that the suit may be answered in writing.
Section 275
.,, (1) To determine the day of the trial, the Judge must consider the remote proximity of the residence both parties from the premises of the trial.
.,, (2) The Tenggang of time between the summoning and the day of the hearing should not be less than 6 (six) days.
.,, (3) The call to the concerned party is considered valid if each has received a subpoenaed letter sent with a recorded postal letter.
Section 276
.,, (1) In the event of either party of the party or outside the State of the Republic of Indonesia, the head of the High Military Court is concerned with the manner of continuing the trial of the court day and the copy of the lawsuit. To the State Department of the Republic of Indonesia.
.,, (2) The State Department of the Republic of Indonesia immediately delivered a letter of trial day and a copy of the lawsuit as referred to in paragraph (1) through the Representative of the Republic of Indonesia abroad in the region of the area in question Stand up or be.
(3) The officer of the Republic of Indonesia in the middle of seven days since the call is required to report a report to the High Military Tribunal in question.
Section 277
.,, (1) Before the underlying inspection of the dispute began, the Judge obliged to hold a preparatory examination to supplement the less clear suit.
(2) In preparatory examination as referred to in paragraph (1), Judge:
.,
., a., a. required to provide a view to the defendant to correct the lawsuit and depose it with the required data in the mid-30 (thirty) day time; and
., b. can request an explanation to the Agency or the Armed Forces Planning Officer in question.
., (3) If in the event of time referred to in paragraph (2) the letter of a Defendant has not yet perfected the lawsuit, the Judge stated with the ruling that the suit is unacceptable.
., (4) Against the ruling as referred to in paragraph (3), it cannot be used by legal efforts, but may be filed a new lawsuit.
Section 278
.,, (1) The lawsuit does not delay or impede its decision as well as the actions of the Agency or the Acting Armed Forces Governing Body.
.,, (2) The prosecuting may apply for the execution of the Armed Forces Efforts Decision it was postponed during a dispute inspection of the Armed Forces System is running until there is a Court ruling that gains the power The law remains
(3), as referred to in a verse (2) can be submitted at once in a lawsuit and may be decided first from the subject of the question.
.,, (4) the request of a delay as referred to in paragraph (2) may be granted only if there is a very urgent circumstances resulting in the Defendant's interest to be severely disadvantaged, if the Decree of the Armed Forces Act is filed It's still done.
(5) The (5) Terms of Use (4) do not apply if the military interest in order to support the security of the security of the country requires that decision be made.
The Second Part
First Level Check
Paragraph 1
Regular Check Event
Section 279
.,, (1) For the purposes of vetting, the Chief Justice opened the hearing and declared open to the public.
.,, (2) If the Assembly of Judges view that the disputed dispute concerns military interests in order to improve the interests of the security defense and/or public order or the safety of the country, the trial may be declared closed to General.
., (3) Not subject to the provisions as referred to in paragraph (1) may cause the ruling to be null and void.
Section 280
(1) In the case of the Defendant or his language not present at the trial on the first day and on the appointed day of the second call for no reason to be accounted for even if each time has been called upon, The lawsuit is declared fall and the plaintiff must pay the case fee
(2) In the event referred to in verse (1), the barrights claimant entered the lawsuit once more after paying the advance of the case fee.
Section 281
.,, (1) In the case of the defendant or his language not present at the trial 2 (two) times a consecutive hearing and/or not responding to a lawsuit without any reason to be accounted for despite each time it is already called upon, the Chief Justice with The assignment letter requests the defendant's employer to order Tertugat to be present and/or respond to the lawsuit.
(2), (2) In terms of after 2 (two) months after being sent a post-assent (2) letter of the designation as referred to in verse (1) is not received news, either from either the defendant or the defendant, the Chief Justice set the next trial day and the next one. Dispute checks are continuing according to the usual event without the presence of the defendant.
.,, (3) The termination of the subject matter may be dropped only after the examination of the solution is done in a tunnable.
Section 282
.,, (1) In the event that there are more than 1 (one) People ' s defendants and 1 (one) persons or more among them or their language is not present at the trial without any liability, the examination of that dispute can be delayed until the day The next hearing is determined by the Chief Justice.
.,, (2) The delay of the hearing was notified to the attending party, whereas against the parties not present by the Chief Justice the Speaker was ordered to be summoned once again.
(3) If on the day of the postponing of the trial as referred to in the paragraph (2) The defendant or the person is still absent, the trial is continued without its presence.
Section 283
.,, (1) The examination of the dispute begins by reciting the contents of the lawsuit and the letter containing the answer by the Chief Justice and if there is no answer letter, the Registered party is given the opportunity to submit the answer.
.,, (2) The Chief Justice provides the opportunity to both sides to explain the passage of the matter that will be submitted by each of them.
Section 284
.,, (1) The plaintig may change the underlying reason that the lawsuit is only up to the replication, provided that it is accompanied by sufficient reason and does not harm the defendant's interests, and that it must be considered in the same way by the Judge.
., (2) The defendant may change the underlying reason that the answer is only up to a duplicate, provided that it is accompanied by sufficient reason, and does not adversely affect the Defendant's interests, and that it must be considered in the same condition by the Judge.
Section 285.
.,, (1) The Defendant may at any time revoke his lawsuit before being sued gives an answer.
.,, (2) If the defendant has already provided an answer to that lawsuit, the revocation of the lawsuit by the Defendant will be granted by the High Military Tribunal only if it is approved.
Section 286
.,, (1) The exception of the absolute authority of the High Military Court may be filed any time during examination, and although there is no exception about the absolute authority of the High Military Court if the Judge is aware of it, he is due to His office is obliged to state that the High Military Court is not authorized to prosecute the dispute concerned.
.,, (2) The exception of the relative authority of the High Military Court is submitted before being delivered to the subject of dispute and the exception must be broken up before the subject matter is checked.
.,, (3) Another exception that is not about the authority of the High Military Court can only be severed along with the subject of dispute.
Section 287
(1) A Judge is required to resign from the trial of a case when bound by a family of blood or temporary to a third degree, a husband or wife's relationship despite the divorce of the Chief Justice, one of the Chief Justice of the State of the State of the State of the State of the United States. Or Panitera.
., (2) A Judge or Panitera is required to resign from the trial if it is bound by a relationship of blood or temporary to the third degree or relationship of a husband or wife despite being divorced by either the defendant or the defendant or with the Advisor The law.
(3), (3) Judge or Panitera as referred to in verse (1) and paragraph (2) must be replaced and if not replaced or not resigned while the dispute is broken, the dispute is to be retried immediately with another arrangement.
Section 288
.,, (1) A Judge or Panitera is required to resign from the trial if he is directly or indirectly in the event of a dispute.
.,, (2) The resignation as referred to in paragraph (1) can be carried out on the will of the Judge or Panitera or at the request of one or the disputable party.
(3) If there are any doubts or differences of opinion as to the matter in verse (2), the authority of the Court of competent authority is determined.
(4), (4) Judge or Panitera as referred to in verse (1) and paragraph (2) must be replaced, and if it is not replaced or not to resign while the dispute is broken, the dispute is to be retried immediately with another arrangement.
Section 289
For the sake of the dispute over dispute within the trial, the Chief Justice has the right to provide a guide to the disputing parties regarding the legal efforts and the evidence that they can use in dispute.
Section 290
The plaintiff, defendant, and Legal Counsel can study the case files and other official papers concerned in the heat and make the quote as necessary with the High Military Court Chief's permission.
Section 291
The parties concerned may make or request to make copies or to interpret any of its license checks at their own expense, after obtaining the permission of the High Military Court Chief concerned.
Section 292.
.,, (1) As long as the examination takes place, any person of interest in the dispute the other party is being examined by the High Military Court, either on its own initiative by applying for or on the preface of the Judge, may enter in the dispute of the Armed Forces Tata Effort and acts as:
., a., a. party defending its right; or
B. A participant who is joined by one of the parties in dispute;
.,, (2) The request as referred to in paragraph (1) may be granted or rejected by the High Military Court with the verdict listed in the news of the event of the hearing.
.,, (3) The appeal against the High Military Court ruling as referred to in paragraph (2) cannot be filed in its own right, but must jointly appeal against the final ruling in the subject matter.
Section 293
.,, (1) If in the trial of the recipient of an act that goes beyond the limits of its authority, the power-giver may submit a disclaible in writing, accompanied by charges that the action of the law be declared null and void by the Court of Justice. Military High.
(2) If the disclaiation as referred to in paragraph (1) is granted, the Judge is required to specify in a ruling which is contained in the news of the hearing that the act of power was declared null and then removed from the news of the examination event.
.,, (3) The termination as referred to in paragraph (2) is read and/or notified to the parties concerned.
Section 294
.,, (1) For the benefit of the examination and if the Chief Justice sees the need, he may order an examination of the letter held by the Officer of the Armed Forces Business or other Officials who retain the letter or the request an explanation and a description of something concerned with the dispute.
(2) In addition to the case in verse (1), the Chief Justice may order that the letter be presented to the High Military Court in the trial to be determined for that purpose.
.,, (3) If the letter is part of a list, before being shown by its imposition, made a copy of the letter in exchange for the original during the original letter has not yet been received back from the High Military Court.
.,, (4) If the examination of the correctness of a letter elicits that the letter was forged by someone alive, the Chief Justice can send the letter to the authorities in charge, and the dispute checks out. The Army Ordinance can be delayed until the verdict of the criminal charges is dropped.
Section 295.
.,, (1) At the request of one of the parties or because of his post, the Chief Justice can order 1 (one) the Witness person to be heard on the trial.
(2) If the witness cannot be unaccounted for, even though the witness is called upon, and the judge shall have reason to believe that the witness is not purpotable, the Chief Justice may be able to give the order to witness the witness. brought by the police officer/police officer to the trial.
., (3) A Witness who does not reside in the legal area of the High Military Court, which is concerned not to come in the High Military Court, but the examination of the Witness may be handed over to the High Military Court. whose legal area includes the Witness residence.
Section 296
(1) The witness is called to the trial of one by one.
.,, (2) The Chief Justice asks the Witness the full name, rank, central registration number, office, unity, place and date of birth/age, gender, nationality, religion, residence, employment, degree of family relations, and working relationships with the defendant or the defendant.
(3), (3) before giving the account, Witnesses are required to recite an oath or swear by his religion.
Section 297
What is not to be heard as a Witness is:
., a., a. A family of blood or blood, according to the line of succession between the two and the third, and the second, and the second, the one who disputes the truth.
., b. The wife or husband of one of the parties has disputed, despite the divorce;
c. children who have not aged 17 (seventeen) years; or
D. memory pain people.
Article 298
.,, (1) The person who can request the resignation of the obligation to provide testimony is:
.,
., a., a. male or female brother, male or female-in-law either party; or
., b. Any man who is due to his dignity, job, or office is required to keep everything related to his dignity, job, or office.
(2) There is no obligation to you, nor is there any part of the Book that is given to you in the matter of judgment.
Section 299
.,, (1) The question submitted to the Witness by one of the parties is delivered through the Chief Justice.
.,, (2) If the question is under consideration Judge Chairman has nothing to do with the dispute, the question was rejected.
Section 300
.,, (1) If the Defendant Or Witness does not understand Indonesian, the Chief Justice may appoint an expert on the language.
.,, (2) Before carrying out its duties, the expert on the language is required to swear an oath or promise according to his religion to divert the language understood by the plaintike on the Witness as referred to in verse (1) into the Indonesian language and Otherwise, it's the best way.
.,, (3) The person who is a Witness in a dispute should not be appointed as a linguist in the dispute.
Section 301
.,, (1) In terms of the Defendant or Witness to the mute and/or deaf and unable to write, the Chief Justice can elevate a person who is good at associating with the defendant or Witness as a speaker of the language.
(2) Before carrying out his duty, the scribe, as referred to in verse (1), shall swear an oath or a promise according to his religion.
(3) In the case of the defendant or the witness of the silent and/or deaf but the good of writing, the Chief Justice may ask him to write a question or reprimand to him, and instructest it to the defendant or the witness with an order to make it. He wrote the answer, then all the questions and answers should be read.
Section 302
The official called as a mandatory Witness is present at the trial.
Section 303
.,, (1) The witness is obliged to pronounce an oath or promise and be heard at the court of the High Military Court by being attended by the disputing parties.
(2) If the dispute is invoked, but does not come for no reason to be accounted for, the witness can be heard without the presence of a disputed party.
.,, (3) In terms of the Witnesses who will be heard not to be present at the trial due to justifiable obstruction by law, Judge is assisted by Panitera coming to the Witness ' s residence to take oath or promise and hear the Witness.
Section 304
.,, (1) If a dispute cannot be resolved its examination at one day of trial, the examination is resumed on the day of the next trial.
.,, (2) Advanced hearings must be notified to both parties and for them the notice is likened to the call.
.,, (3) In terms of one of the parties that came on the day the first trial turned out to not come on the day of the next trial, the Chief Justice ordered Panitera to notify the party the time, day, and date of the trial. That.
.,, (4) In terms of the parties as referred to in paragraph (3) remain absent without any responsibility which may be accounted for even if he has been duly informed, the examination may be continued without its presence.
Section 305
In the event during a dispute check there is an action to be performed and requires a fee, the fee must be paid in advance by the party who submitted the request for the action.
Section 306.
(1) In the case of dispute resolution is resolved, both sides are given the opportunity to express their final opinion of each other's conclusions.
(2) After the two sides posited the conclusion as referred to in verse (1), the Chief Justice stated that the trial was adjourn to give the Assembly of Judges a closed-door deliberation and a secret to consider. Everything to the verdict of the dispute.
(The king) said: " O my Lord! the Lord is the Most High, the Most High, the Most High, the Most High, the Most High, the Most High, the Most High, the Most High, the Most High, the Most High, the Most High, the Most High, the Most High, the Most High, the
(4) If the deliberation of the assembly as referred to in verse (3) cannot produce a ruling, deliberations are adjourn until the deliberations of the next assembly.
.,, (5) If in deliberation the next assembly cannot be taken the most votes, the final vote of the Chief Justice is decisive.
Section 307.
.,, (1) The severing of the High Military Court may be dropped on that day also in a hearing that is open to the public, or postponed on another day that should be notified to both sides.
(2) The High Military Tribunal of the Court may be:
., a., a. lawsuit rejected;
B. a lawsuit is granted;
c. The lawsuit is not accepted; or
D. A dead suit
Section 308.
.,, (1) If a lawsuit is granted, in the ruling of the High Military Tribunal it may be assigned an obligation to be carried out by the Agency or the Officers of the Armed Forces Governing Body issuing the decision.
(2) Liability as referred to in paragraph (1) shall be:
., a., a. Revocation of the Armed Forces Governance Decision is concerned;
., b. The revocation of the Armed Forces Governance Decision is concerned and publishes a new Armed Forces Governance Decision; or
.,, c. the issuer of the Decree of the Armed Forces Act in regards to the lawsuit as referred to in Article 3.
.,, (3) Liability as referred to in paragraph (2) may be accompanied by an indemnation of damages.
., (4) In terms of the High Military Court ruling as referred to in paragraph (1) concerning the field of personnel, in addition to the obligations as referred to in verse (2) and verse (3) may be accompanied by rehabilitation.
Paragraph 2
The Quick Check Event
Section 309
.,, (1) If there is a sufficient pressing interest that must be deduced from the grounds of his request, the plaintie in his lawsuit may plead to the High Military Tribunal for an expedited dispute check.
(2) the head of the High Military Court within 14 (fourteen) days after the acceptance of the request as referred to in the paragraph (1) issued the assignment of either granted or not granted the request.
.,, (3) Against the designation as referred to in paragraph (2), it cannot be used by legal effort.
Section 310
(1) Examination with a quick examination event is conducted with a Single Judge.
., (2) In the event of a request as referred to in Article 309 paragraph (1) granted, the Head of the High Military Court in the middle of the time of 7 (seven) days after the issuer of the designation as referred to in Article 309 of the paragraph (2) determines the day, the venue, and the time of the trial without going through the preparatory examination procedure as referred to in Article 277.
.,, (3) Tenggang time for answers and proofs for both parties, each of which is determined the longest 14 (fourteen) days.
Paragraph 3
Proof and Termination
Section 311.
(1) The evidence tool is:
., a., a. letter or writing;
B. expert captions;
c. Witness captions;
D. The parties ' recognition; and
e. Magistrate's knowledge
(2) The circumstances already known to the general do not need to be proven.
Section 312
The letter as a proof tool consists of 3 (three) types that are:
., a., a. autentic deed, is a letter made by or in the presence of a general official, who, according to the applicable laws of law, made the letter with the intent to be used as an instrument of events or events. a legal event listed in it;
., b. the deed under the hand, is a letter made and signed by the parties concerned with the intent to be used as a proof tool about the event or the legal events listed therein; and
C. other letters that are not the deed.
Section 313
.,, (1) The expert ' s account is the opinion of the person given under oath in the trial about the things he knows according to his knowledge and experience.
.,, (2) A person who should not be heard as a Witness under Article 297 should not provide expert captions.
Section 314
.,, (1) The Chief Justice due to his post or at the request of both parties or either party may appoint 1 (one) person or some expert persons to be heard at the trial.
(2) (2) An expert in the trial must provide a statement either with a letter or with an oral written, which is corroborated by oath or promise according to truth throughout his knowledge and experience as well as his best experience.
Section 315
Witness statements are considered as evidence tools if the description relates to the matter experienced, seen and/or heard by the witness themselves.
Section 316.
The parties ' recognition cannot be retracted except for the basis of a strong and acceptable reason for the Judge.
Section 317
Judge ' s knowledge is the thing by which it is known and believed to be the truth.
Section 318
The judge determines what to prove, the burden of proof and the proof of proof, and for his proof of proof is required at least 2 (two) evidence based on the Judge's conviction.
Section 319
.,, (1) The severing of the High Military Court should be spoken in an open hearing to the public.
.,, (2) If either party or both parties are not present at the time of the High Military Tribunal ' s ruling, at the order of the Chief Justice, a copy of the ruling was delivered with a postal letter recorded to the concerned.
., (3) Not subject to the provisions as referred to in verse (1) resulted in the ruling of the High Military Court invalid and without the power of the law.
Section 320
(1) The Court Disconnect must contain:
.,
., a., a. The head of the verdict reads " For the sake of justice based on the divinity of the Almighty;
., b. the full name, rank, central registration number, title, unity, place and date of birth/age, gender, nationality, religion, residence of the disputed parties;
c. The summary of the lawsuit and the answer is clear;
., d. the consideration and judgment of any submitted evidence and the thing that occurred at the trial during the dispute was examined;
e. the legal reasons that are the basis of the ruling;
f. Amar rulings on dispute and case costs; and
., g. The day of the verdict, the name of the judge who disconnected it, the name of Panitera, and the description of the presence or absence of the parties.
(2) Not subject to any of the provisions as referred to in verse (1) may cause the limit of the Court's ruling.
.,, (3) The letter of the verdict was signed by Judge and Panitera as soon as the verdict was pronounced.
.,, (4) If the Chief Justice on an examination with regular events or an examination with a fast-impeded event is signed, the High Military Court ruling is signed by the Chief of the High Military Court by stating the matter of the Judges The chairman.
.,, (5) If a Member Judge is impeded to sign, the High Military Court ruling is signed by the Chief Justice by declaring his views on the Member Judge.
Section 321.
The defeated party for the whole or partially punished paid the cost of the matter.
Section 322
Included in the case fee is:
a. the cost of heat and the cost of the stamps;
., b. Witness fees, experts, and language with the record that the party requesting the examination of more than 5 (five) witnesses should pay the fee for the more witnesses even if the party is won;
.,, c. fee checks elsewhere from the courtroom and other costs required for the termination of the dispute over the orders of the Chief Justice.
Article 323
Step up the cost of the case payable by the defendant and/or Defendant is referred to in the amar High Military Court final ruling.
Section 324
.,, (1) The severing of the High Military Court which is not the final ruling although spoken in the hearing was not made as its own ruling, but is only listed in the news of the event of the hearing.
.,, (2) A party of direct interest to the High Military Court ruling may request an official copy of that ruling by paying the cost of a copy.
Section 325
.,, (1) On each examination, Panitera must make news of a hearing event containing everything at the hearing.
.,, (2) The news of the trial event is signed by the Chief Justice and Panitera and if one of them is hindrous, it is narrated in the news of the event.
.,, (3) If the Chief Justice and Penitara are impeded to sign, the news of the event is signed by the Chief of the High Military Court by stating the halting of the Chief Justice and the Panitera.
The Third Part
The Appeal Level Check
Section 326
Against the High Military Tribunal ' s ruling may be requested an appeal hearing by the defendant or the defendant to the Major Military Court.
Section 327
.,, (1) The appeal of the appeal was filed in writing by the applicant or his special ruler being used to it to the High Military Court which dropped the verdict in the middle of 14 (fourteenth) days after the verdict The High Military Tribunal was informed of him legally.
.,, (2) The appeal of the appeal is accompanied by payment of the advance charge of the matter of the appeal first, whose magnitude is feared by the Panitera.
Section 328
The High Military Court ' s ruling is not the end, can only be moveed the appeal checks together with the final verdict.
Section 329
.,, (1) The appeal of appeal was noted by Panitera in the book register.
(2) Panitera informs the party of the appeal.
Section 330
(1), (1) at least 30 (thirty) days after the appeal of the appeal, Panitera told both sides that they were able to study the case files at the High Military Court office in the middle of 30 (three). And the day after they receive such notice.
.,, (2) A copy of the ruling, the news of the event, and the other letter concerned must be sent to the Panitera Main Military Court of the slowest 60 (sixty) days after the appeal of an appeal hearing.
.,, (3) the parties may submit the memory of the appeal and/or counter of the memory of the appeal as well as the captions and the evidence to the Panitera of the Major Military Court provided that a copy of the memory and/or a counter memory is given to the other party with the Panitera High Military Court.
Section 331
.,, (1) The Major Military Court examined and severed the appeal case with at least 3 (three) of the Judges.
.,, (2) If the Major Military Court argues that the examination of the High Military Court is less complete, the Supreme Military Court may fire its own hearing to conduct additional checks or order of the Military Court The high is concerned about carrying out that extra check.
., (3) Against the ruling of the High Military Court which states it is not authorized to examine the matter submitted to him, whereas the Major Military Court argues another, the Major Military Court may examine and break its own. That thing or ordering the High Military Tribunal is concerned to examine and decide.
.,, (4) The Panitera of the Major Military Court within 30 (thirty) days sent a copy of the Supreme Military Court ruling along with the examination letter and another letter to the High Military Court which cut off at first-degree inspection.
Section 332
.,, (1) The provisions as referred to in Section 287 and Section 288 apply also to the examination at the level of appeal.
(2) The provisions of the relation of the family as referred to in Article 288 of the paragraph (1) apply also between Judges and/or Panitera at the level of appeal with the Judge or Panitera at the first level who have already examined and cut the same matter.
.,, (3) If a Judge who breaks at the first degree then becomes a Judge on the Main Military Court, the Judge is prohibited from examining the same matter at the appeal level.
Section 333
Before the appeal of an appeal was severed by the Supreme Military Tribunal, the request could be revoked again by the applicant, and in the case of appeal the appeal was lifted, it could not be submitted again despite the time of the timeout. submitted an appeal request not yet past.
Section 334
In the event one party has already received well the ruling High Military Court, it cannot rerepeal the statement, although the deadline to apply for the appeal of the appeal is not past tense.
The Fourth Part
Kasation Level Check
Section 335
.,, (1) Against the Court ' s ruling of the appellate court, it can be moveled the examination of the cassation to the Supreme Court.
.,, (2) The event of a cassation examination as referred to in paragraph (1) is conducted according to the provisions referred to in Article 55 of the Law Number 14 of 1985 about the Supreme Court.
The Fifth Part
Review Of The Already-already Verdict Review
Acquiring The Fixed Legal Power
Section 336
.,, (1) Against the Court ' s ruling already obtaining a fixed legal force, it can be submitted a review application back to the Supreme Court.
.,, (2) The event of a review review as referred to in paragraph (1) is conducted according to the provisions referred to in Article 77 of the Law No. 14 of 1985 on the Supreme Court.
The Sixth Part
The Execution Of The Court Ruling
Section 337.
Only the Court ' s ruling already gains a fixed legal force that can be implemented.
Section 338
.,, (1) A copy of the Court ' s ruling already obtaining legal force remains transmitted to the parties with a postal letter recorded by the Penitera of the High Military Court on the orders of the High Court Chief Justice who administers it at the rate First the slowest in the middle of the 14th (fourteenth) day.
(2) In the case of 4 (4) months after the ruling of the Court which has obtained the power of the law remains as referred to the paragraph (1) sent, the defendant does not carry out its obligations as referred to in Article 308 of the paragraph (2) of the letter a, The disputed decision of the Armed Forces Law does not have any legal force anymore.
.,, (3) In the case of the defendant is set to carry out its obligations as referred to in Article 308 of the paragraph (2) the letter b and the letter c and then after the three (three) month period it turns out that the obligation is not implemented, the plaintib apply to the High Military Court Chief as in the intent of verse (1), so that the High Military Court order the defendants to carry out the Court's ruling.
.,, (4) If the defendant still does not want to undertake it, the High Military Court Chief submitted it to his superior agency according to the office of office.
.,, (5) The employer of the superior as referred to in verse (4), in the second half of the month after receiving notice from the Chief of the High Military Court should have already ordered the official as referred to in verse (3) to carry out The court's ruling.
., (6) In the case of a superior instance as referred to in paragraph (4) not to heed the provisions as referred to in paragraph (5), the High Military Court Chief submitted it to the President as the supreme governing power holder to order the officials concerned to carry out the verdict of the Court.
Section 339
., (1) All concerning the obligations as referred to in Article 308 of the verse (4), if the defendant cannot properly carry out the verdict of the Court which already obtained the power of the law remains due to the change of circumstances. After the Court's ruling was dropped and/or obtained the powers of a fixed law, the defendants must inform the Chief of the High Military Court as referred to in Section 337 (1) and the Defendant.
(2) In the midst of thirty (thirty) days after receiving notice as set forth in verse (1), the prosecution may apply to the Chief of the Military Court who has sent a court ruling already. obtaining the powers of such a fixed law in order to be charged with the liability of paying a sum of money or other desirable compensation.
.,, (3) the head of the High Military Court after receiving a request as referred to in paragraph (2) ordered the call for both parties to work out the approval of the amount of money or other compensation that must be charged To the defendant.
.,, (4) If after being sought to achieve approval but cannot be obtained a word agreement regarding the amount of money or other compensation, the Chief of the High Military Court with the designation is accompanied by sufficient consideration. define the amount of money or other compensation referred to.
.,, (5) The Redemption of the High Military Court Head as referred to in verse (4) may be appealed either by the defendant or by the defendant to the Supreme Court to be re-established.
(6) The severing of the Supreme Court, as referred to in verse (5), is mandatory for both parties.
Section 340
., (1) In the event of a High Military Court ruling as referred to in Article 308 of the paragraph (4) of the obligation to the Defendant as referred to in Article 308 of the paragraph (2), the verse (3), and the verse (4), the third party that has not taken part in it or is involved Put it down during the time of the dispute. The dispute is concerned according to the provisions of Article 292, and he fears that his interests will be harmed by the decision. The verdict, which has obtained the power of the law, may file a lawsuit. against the execution of the court ' s ruling to the High Military Court Judge the dispute at the first level.
(2) The act of resistance as referred to in verse (1) can only be filed at the time before the court ruling which already obtained the legal power is exercised by loading the grounds on its appeal in accordance with the provisions of the law. as referred to in Article 268 and against the plea of resistance it applies the provisions as referred to in Article 273 and Article 277.
(3) The act of defiance as referred to in verse (1) does not by itself result in the execution of a court ruling which has obtained the legal power.
Section 341
The head of the High Military Court is obliged to oversee the implementation of the ruling already obtaining the power of the law fixed.
The Seventh Part
Rehabilitation and Rehabilitation
Section 342
.,, (1) A copy of the Court ' s ruling containing the liability of pay damages is sent to the Defendant and Sued within 3 (three) days after the court ruling obtained the legal force of the fixed law.
.,, (2) A copy of the Court which contains the obligation of pay damages as referred to in paragraph (1) is sent by the High Military Tribunal to the Agency or the Officers of the Armed Services Armed Services charged with the payment obligations. The compensation is within 3 (3) days after the court's ruling gained the power of the law to remain.
.,, (3) the damages of compensation and the manner of the implementation of provisions as referred to in Article 308 of the paragraph (3) are further regulated by the Government Regulation.
Section 343
.,, (1) In the case of a lawsuit relating to the administration of the personnel granted in accordance with the provisions as referred to in Article 308 paragraph (4), a copy of the court ' s ruling containing an obligation about rehabilitation is sent to the defendant and 3 (3) after the ruling gained the power of the law to remain.
.,, (2) A copy of the court ruling that contains the obligation of rehabilitation as referred to in paragraph (1) is sent by the High Military Tribunal to the Agency or the Armed Forces of the Armed Forces under the obligation of carrying out Such rehabilitation is within 3 (three) days after the verdict gains a fixed legal force.
BAB VI
LAIN PROVISIONS
Section 344
.,, (1) In terms of the Court examining and severing matters which require special expertise, the Chief Justice is meant to appoint one or more of Judge Ad Hoc as a Member of the Assembly.
.,, (2) To be able to be appointed as Judge Ad Hoc a Soldier must be eligible as referred to in Article 19 unless the terms of the Bachelor of Laws and the qualified terms in the field of justice and/or the law.
.,, (3) The oath requirement and the ban on the office as referred to in Article 22 and Article 23 applies to Judge Ad Hoc.
.,, (4) The order of the appointment of Judge Ad Hoc as referred to in paragraph (1) is governed by the Government Regulation.
Section 345
.,, (1) The Chief Justice leads the examination and maintains an orderly in the trial.
.,, (2) Everything the Chief Justice ordered to maintain the order in the proceedings is mandatory in a carefully executed manner.
Section 346
Witnesses or experts in attendance meet the call in order to provide a description at all levels of the right to reimbursed the charges according to the applicable laws.
Section 347
.,, (1) Anyone is prohibited from carrying firearms, explosives, sharp weapons, or tools/objects that can compromise the security of the trial and who carries it mandatory in a place specifically reserved for it.
.,, (2) Court hearing security officers are entitled to conduct a body shakedown to warrant that a person ' s presence in the courtroom does not carry a firearm, explosives, sharp weapons or tools/objects as referred to in verse (1) and If there are any officers, please be concerned about the situation.
Section 348
.,, (1) In the courtroom anyone is obliged to show a gesture of respect to the Court.
., (2) Anyone who is present in a court hearing disobeying the order of the trial and after being ordered by the Chief Justice, remains disobeying, at the order of the question being concerned out of the courtroom.
.,, (3) The Chief Justice can determine that the child who has not reached age 17 (seventeen) of the year is not allowed to attend the hearing.
Section 349
.,, (1) The Trial of the Court is held at the courthouse or in another place determined by the Chief Justice.
., (2) Tata rooms, uniform clothes, and other disciplinary proceedings are further set up by the Commander's decision.
BAB VII
THE TRANSITION PROVISION
Section 350
At the time of this Act, all the provisions of the Act are present concerning the composition and force of the Court and Oditurat as well as the Military Criminal Event Law stated to remain in effect during the provisions of the new laws. This legislation has not been issued and as long as the regulation is not at odds with this Act.
Section 351
All of the Judges, Oditur, and Panitera in the Military Justice that at the time of this Act came into force are legally appointed to the positions in question, are deemed to have been properly appointed under the terms of this Act.
BAB VIII
CLOSING PROVISIONS
Section 352
Upon termination of this Act,
., l. Law No. 5 of 1950 on Establiting the Emergency Law on Susunan and the Power of the Courts/Prosecutor in the Environment of the Army (Emergency Law Number 16 of 1950) as the Federal Act (State Sheet) In 1950 Number 52) as amended by Law No. 22 Pnps in 1965 (State Sheet of 1965 Number 91, Additional Gazette number 2781);
., 2. Law Number 6 of the Year 1950 on Establiting Emergency Law on Criminal Events Law on Army Courts (Emergency Law Number 17 of 1950) as Federal Law (State Sheet 1950 Number 53, Extra Sheet) Country Number 13), as amended by Law No. 1 Drt of 1958 on Change Act Number ... In 1950 (State Gazette 1950 Number 53) on the Law of the Criminal Event on the Court of the Army (State Sheet 1958 No. 1, Supplement of State Number 1493);
., 3. Law Number 5 Of Pnps In 1965 On The Establishment Of The Armed Forces Of The Armed Forces (state Sheet Of 1965 Number 23, Additional Sheet Of State Number 2739);
., 4. Law No. 3 Pnps In 1965 of the Law of the Criminal Law, the Law of the Criminal Law and the Law of Discipline of the Army for the members of the Police Force (State Gazette of 1965 Number 21, Additional Gazette number 2737), as has been amended by Law No. 23 Pnps of 1965 on Change and Additional Article 2 of the designation of the President of the Republic of Indonesia No. 3 of 1965 (State Sheet of 1965 Number 92, Additional Gazette number 2782);
declared not applicable.
Section 353
The laws are in effect on the promulcity, specifically regarding the Law of the Military Order Event, its application is governed by the Government Regulation no later than 3 (three) years since the Act is promulred.
In order for everyone to know, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
.,, Dislocated in Jakarta
on October 15, 1997
PRESIDENT OF THE REPUBLIC OF INDONESIA,
SUHARTO
Promulgated in Jakarta
on October 15, 1997
MINISTER OF STATE SECRETARY OF STATE
REPUBLIC OF INDONESIA,
MOERDIONO
