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VOL. 6, ISSUE 3 (2024)
The effectiveness of jurisprudence application in law enforcement in Indonesia: Case study of LGBT-related crimes in military courts
Authors
Tama Ulinta Br Tarigan, Eko Wardana Surya Garnadhi
Abstract
This research examines the effectiveness of jurisprudence in law
enforcement in Indonesia, focusing on LGBT-related criminal cases within the
military justice system. Although the Indonesian Penal Code (KUHP) does not
explicitly prohibit homosexual conduct between consenting adults, LGBT cases in
the military have become a significant legal issue, given that the Indonesian National
Armed Forces (TNI) uphold discipline, morals, and ethics. The Supreme Court,
through its jurisprudential ruling, has determined that homosexual conduct
within the TNI can be prosecuted under Article 103 paragraph (1) of the
Military Penal Code (KUHPM) regarding "Refusal of military orders."
While this ruling breaks through the principle of legality by interpreting the
law analogically, the jurisprudence has proven effective in reducing the
incidence of immoral acts involving same-sex soldiers. This study aims to
evaluate the extent to which jurisprudence can serve as an effective legal
instrument in addressing the legal void concerning LGBT conduct in military
courts. Furthermore, the research explores the impact of applying jurisprudence
on justice and stability in military law enforcement, considering the
prevailing social and religious norms in Indonesia. The findings of this
research are expected to contribute to the development of more comprehensive
and fair legal policies in handling similar cases.
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Pages:366-372
How to cite this article:
Tama Ulinta Br Tarigan, Eko Wardana Surya Garnadhi "The effectiveness of jurisprudence application in law enforcement in Indonesia: Case study of LGBT-related crimes in military courts". International Journal of Law, Policy and Social Review, Vol 6, Issue 3, 2024, Pages 366-372
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