BALANCING INDEPENDENCE AND AUTHORITY IN MILITARY INVESTIGATIONS

Aji Widodo, Bayu (2026) BALANCING INDEPENDENCE AND AUTHORITY IN MILITARY INVESTIGATIONS. Disertasi(S3) thesis, UNIVERSITAS PASUNDAN.

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Abstract

This article evaluates investigative independence and unity of command to determine the legitimacy, restrictions, and accountability of Indonesia's military justice system's case closures and terminations. Using a normative legal methodology with transformative-participatory perspectives, the study investigates statutes, internal military regulations, case law, and practitioner experiences to identify doctrinal discrepancies and structural limits affecting investigative decision-making Investigators have formal discretion, but hierarchical command structures may influence termination decisions, creating legal ambiguity and procedural injustice. The research suggests that command authority must be limited while investigative autonomy is protected by clearer doctrinal constraints. The paper provides a normative framework and accountability metrics for legal, evidence-based, and transparent termination decisions. These ideas aim to balance autonomy and command structure, boost institutional credibility, and improve military justice accountability.

Item Type: Thesis (Disertasi(S3))
Divisions: Pascasarjana > S3-Ilmu Hukum 2026
Depositing User: Mr soeryana soeryana
Date Deposited: 07 Apr 2026 05:28
Last Modified: 07 Apr 2026 05:28
URI: https://repository.unpas.ac.id/id/eprint/82601

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