pdf JURIDICAL REVIEW ON THE REACTIVATION OF TNI SOLDIERS BASED ON THE REVIEW DECISION REGARDING THE ELIMINATION OF ADDITIONAL PUNISHMENT OF DISMISSAL

Abstract

The military is a citizen who is prepared and armed for national defense tasks to face military threats or armed threats. The recruitment of citizens to become TNI soldiers is conducted by a selection committee formed at both regional and central levels through a selection process, followed by initial education to shape them into military personnel equipped with knowledge and skills. This ensures that the soldiers possess the spirit of Sapta Marga, the Soldier's Oath, the 8 Obligations of the TNI, and the 11 Leadership Principles as fundamental provisions in shaping the character of the soldiers. however, in reality, there are some TNI soldiers who have weak discipline and ultimately commit legal violations, which are then processed in the Military Court with the final verdict being imprisonment and an additional punishment of being dismissed from military service. A soldier who has been dismissed can still pursue legal action; if in the review decision the additional penalty of dismissal is revoked, the soldier has the right to be reinstated as an Indonesian National Armed Forces (TNI) soldier, but this has not yet been accommodated by administrative regulations. The data collection method used in this research is information obtained through interviews and document studies from various related sources. The conclusion that can be drawn is that the PK ruling which removes the additional penalty of dismissal can be considered a novum (new legal fact) that nullifies the legal basis for the dismissal. In this context, the dismissal becomes invalid, and theoretically, the soldier is entitled to apply for reinstatement.