PERTIMBANGAN HUKUM HAKIM DALAM PENGGUNAAN ASAS KEPENTINGAN MILITER SEBAGAI DASAR PENJATUHAN SANKSI PEMECATAN DENGAN TIDAK HORMAT (STUDI KASUS PUTUSAN PERADILAN MILITER JAKARTA II 08 NOMOR 206-K/PM II-08/AD/IX/2019)

Decision of the Jakarta II Military Court 08 NUMBER 206-K/PM II-08/AD/IX/2019 which takes action against TNI individuals who commit immoral crimes has a special legal norm within the TNI regarding the conditions for imposing additional criminal sanctions Dishonorable Dismissal in the Military environment, where there are several juridical provisions regarding whether a Defendant in a Mortal Crime Case may be subject to the criminal sanction of Disrespectful Discharge. Therefore, this needs to be explored further in order to find out the legal construction used by the Judge in imposing the criminal sanction of Dismissal. With Disrespect. The analysis method used in this writing is Normative Juridical Analysis, where this method is very relevant to be used as a method in addressing the problem of unclear legal norms used by Judges. This research also has the hope that in the future it can become a judge's prescriptive decision in sentencing sanctions in similar cases. The conclusion regarding the legal construction of the Military Interest Principle used by the Judge in Imposing Disrespectful Dismissal is that there are guiding values which are included in the category of TNI Internal Regulations as a legal construction for Judges to impose additional criminal sanctions for Disrespectful Dismissal in the TNI environment.