ABSTRACTThe purposes of this legal research are: 1) to know whetherprosecution has considered expired as a basic for the hakim declared theprejudgment unacceptable military prosecutor has complied with theprovisions of Law No. 31 of 1997 on Military Justice; 2) To determine howare the implications of prosecution has considered expired as a basic for thehakim declared the prejudgment unacceptable military prosecutor of theaccused and his case.This research is a normative legal that is prescriptive with casesapproaching. The techniques to collect legal materials used in this research isthe literature study (library research), the author uses the deductive logicmethod in this study with the qualitative analysis technique of legalmaterials.The results and discussion produced the conclusion that theprosecution has considered expired as a basic for the hakim declared theprejudgment unacceptable military prosecutor on decision of Military CourtIII Surabaya No: 68-K/PMT.III/Bdg/AD/VI/2009 has complied with theprocedural of applicable military law that the complaint was considered proyustisia is complaints from Reporter to Denpom VII/1Manado, and in thesubsequent discussion of the things that can eliminate the criminalimplications for the accused is free from all prejudgments, so the expiredprosecution is an alibi for abolition of the criminal prosecution right for theaccused MARKUS KAPONG.Keywords: Expired prosecution, Military Prosecutor, Crime of Adultery