THE NATURE OF THE MILITARY POLICE’S INVESTIGATIVE AUTHORITY AGAINST MEMBERS OF THE MILITARY POLICE WHO COMMIT GENERAL CRIMINAL ACTIONS

Abstract

The purpose of this research is to find out the nature of the authority of the military police to investigate military members who commit general crimes. This research is normative legal research with statutory and conceptual approaches, and legal material analysis techniques are carried out with prescriptive analysis. The results of the analysis show that the investigative authority of the military police lies with the subject or perpetrator of the crime, not in the object or crime committed. This is because military justice is a special court for members of the military. All criminal acts committed by members of the military, both general crimes and specific crimes, fall under the authority of the military court and their investigative powers are carried out by the military police and military prosecutors. Based on Article 9 paragraph (1) Law no. 31 of 1997 concerning Military Courts, the word “Criminal Act” explains that the authority of a military court is not only to try violations or crimes contained in the Military Criminal Code, but also has the authority to try other criminal cases, as long as the subject or perpetrator complies with the provisions of Article 9 paragraph (1) of this.