KONSTRUKSI PEDOMAN PENJATUHAN PIDANA BERSYARAT UNTUK TERPIDANA PERKARA KEKERASAN DALAM RUMAH TANGGA YANG DILAKUKAN OLEH ANGGOTA MILITER

The Regulation of Conditional Punishment in Indonesia is stipulated in the Criminal Code. Conditional punishment serves as an alternative to incarceration. With the current developments in sentencing, conditional punishment has become one of the primary sanctions imposed. This is evidenced by its inclusion as a principal type of punishment in the National Criminal Code. However, the author has discovered a legal fact that in several case samples from military courts dealing with domestic violence, there are decisions with sentencing disparities. This issue arises due to the absence of sentencing guidelines for judges in imposing conditional punishments. This study aims to establish the construction of sentencing guidelines for conditional punishment for perpetrators of domestic violence committed by military personnel. The research method used is normative legal research, utilizing primary and secondary legal data. This normative juridical research emphasizes literature studies, where the researcher examines literature or secondary data.
Based on the findings using a juridical analysis from the perspectives of sentencing development, legal policy, and judicial reasoning derived from several court decision samples, the author identifies the construction of sentencing guidelines for conditional punishment for perpetrators of domestic violence committed by military personnel. These guidelines must include classifications of domestic violence offenses eligible for conditional punishment, forms of conditional punishment, and specific instructions for imposing such punishments. These guidelines are intended to assist judges in reducing sentencing disparities when imposing conditional punishment.