JURIDICAL ANALYSIS OF CRIMINAL ACTS OF SEXUAL DEVIATION BY MEMBERS MILITARY ACCORDING TO CRIMINOLOGY REVIEW (CASE STUDY DILMIL II 08 JAKARTA DECISION NUMBER 231-K/PM II-08/AU/XII/2020)

Abstract

Abstract

Within the TNI, apart from general regulations, there are special regulations that apply to TNI members, known as Military Law. One of the violations involving TNI members was engaging in same-sex relations. This research aims to determine the factors that influence sexual deviation in the military, what the judge considers in deciding cases and whether the decision fulfills the elements of a deterrent effect. The theoretical basis refers to the KUHPM. Researchers used normative juridical methods. Data analysis was carried out qualitatively. The results of the research show that the factors causing sexual deviation in the military are hereditary factors, in the form of an imbalance of sex hormones and environmental influences, etc. The judge's consideration in deciding the case against the defendant who is a member of the AU Military, and committed sexual deviations, violated military discipline, disturbed public order and had bad morals with only 8 months in prison and lower than the prosecutor's demand for 12 months, this is not can reflect a deterrent effect on the defendant. It is hoped that the judge will show more justice for the defendant and also the community and have a deterrent effect.