JUSTICE-BASED INVESTIGATION OF CRIMINAL ACTS OF ABUSE OF AUTHORITY IN THE CRIME OF EMBEZZATION BY THE MILITARY (Case Study: Pomdam IV/Diponegoro)

Abstract

This research aims to determine the implementation of investigations into criminal acts of abuse of authority in criminal acts of embezzlement by the military and to analyze the obstacles to investigating criminal acts of abuse of authority in criminal acts of embezzlement by the military and solutions to these obstacles. In the research carried out, the writing used a Sociological Juridical approach. The results of this research are the implementation of investigations into criminal acts of abuse of authority in Police Report Number LP-01/A-01/1/2023/Idik. discovered the fact that Major T directed some of the funds to be used without the knowledge or direct orders of his superiors, with some of the funds being used for personal purposes. Investigators concluded that the suspect's actions could be subject to sanctions based on Article 126 of the Criminal Code and/or Article 372 of the Criminal Code regarding abuse of authority and embezzlement. (2) Obstacles to investigating criminal acts of abuse of authority in criminal acts of embezzlement by the military, including: weaknesses in legal substance: there is a lack of synchronization between Article 69 and Article 74 of Law Number 31 of 1997, which causes the authority of Ankum to be unclear after delegating investigative authority to Military Police or Prosecutors. Weaknesses of the legal structure: Ankum as an investigator does not have the necessary competence because he is not equipped with adequate knowledge or training in investigations. Weaknesses in legal culture: staff or subordinates are reluctant or afraid to provide correct advice to their superiors. Solutions to these weaknesses include: revising laws, improving the quality of education, establishing internal monitoring mechanisms.