PENERAPAN ASAS EQUALITY BEFORE THE LAW DALAM MEMILIH PENASEHAT HUKUM BAGIANGGOTA MILITER YANGTERLIBATKASUS PIDANA DALAMPERADILANMILITER

Abstract

When members of the Indonesian Armed Forces (TNI) commit a crime or have allegedly committed a
crime, whether that is a criminal act regulated in the Criminal Code or outside the Criminal Code and a
criminal act enshrined in the Criminal Code. The TNI member was based on the provisions of Law Number 39
of 1997 concerning Military Courts and could not freely and independently elect his legal counsel who was
believed to be able to assist his legal process. The authority to determine legal counsel is determined by the
Perkatra Submission Officer (PAPERA). This is very different from non-military citizens when committing a
crime, he is free to appoint and determine their own legal counsel. The purpose of writing this thesis, namely;
First, to find out the freedom to choose legal counsel for military members involved in criminal cases in
military criminal justice is associated with the principle of equality before the law, Second, to find out the legal
consequences for legal counsel who do not get permission from the Conquering Officer (PAPERA).
This type of research can be classified as normative legal research. Because this research is more
specific to the principle of equality before the law or equality of citizens before the law. Sources of data used
are primary data legal materials, secondary data and tertiary data. For the technique of collecting research
data, the authors conducted a literature study.
From the results of the research based on the formulation of the problem, it is known that the application
of the principle of equality before the law in selecting legal advisors for military members committing a crime
or to be suspected of having committed a crime is not appropriate as the principle should be. The TNI's internal
unit has indeed provided legal aid services based on the determination from PAPERA. But for military members
who want to use legal aid services from outside the TNI must be based on permission from PAPERA. If they do
not get permission from PAPERA, the legal advisor / advocate cannot go to court to help the legal process of
his client. Meanwhile, there is no legal provision for PAPERA to determine whether or not the advocate is
eligible for permission. Even if a TNI member commits a criminal offense, based on the constitution of a TNI
member it is still a citizen who must get the same treatment before the law. So it is necessary to do a legal
renewal of Law Number 39 of 1997 concerning Military Justice. Especially related to the freedom of a military
member to determine his legal counsel.
Keywords: Equality before the law, Legal advisor, Papera