Penegakan Hukum Militer dalam Kasus Tindak Pidana Penganiayaan oleh Anggota TNI terhadap Anggota Masyarakat Sipil

Abstract

Cases of physical abuse (penganiayaan) committed by members of the Indonesian National Armed Forces (TNI) against civilians remain a recurring problem despite Indonesia's constitutional guarantee of equality before the law. This persistence raises fundamental questions about the effectiveness of military law enforcement and the extent to which it accommodates both positive law and religious-ethical values. This study aims to identify the underlying factors that cause the recurrence of abuse cases committed by TNI members, to examine the mechanism of military law enforcement against TNI members who commit the crime of abuse, and to analyze the perspective of Islamic law on the crime of abuse. Using a normative juridical method combined with statutory, case, and conceptual approaches, this research analyzes primary legal materials, including Law Number 31 of 1997 on Military Justice, Law Number 25 of 2014 on Military Discipline, and the 2023 Penal Code, together with relevant military court decisions and secondary literature. The findings indicate that recurring abuse stems from historical, psychological, and structural factors; that military law enforcement remains inconsistent and often lenient; and that Islamic criminal law (fiqh jinayah) offers a complementary moral and restorative framework through qishas, diyat, and ta'zir that emphasizes victim protection and human dignity.