ABSTRACT
The purposes of this legal research are: 1) to know whether
prosecution has considered expired as a basic for the hakim declared the
prejudgment unacceptable military prosecutor has complied with the
provisions of Law No. 31 of 1997 on Military Justice; 2) To determine how
are the implications of prosecution has considered expired as a basic for the
hakim declared the prejudgment unacceptable military prosecutor of the
accused and his case.
This research is a normative legal that is prescriptive with cases
approaching. The techniques to collect legal materials used in this research is
the literature study (library research), the author uses the deductive logic
method in this study with the qualitative analysis technique of legal
materials.
The results and discussion produced the conclusion that the
prosecution has considered expired as a basic for the hakim declared the
prejudgment unacceptable military prosecutor on decision of Military Court
III Surabaya No: 68-K/PMT.III/Bdg/AD/VI/2009 has complied with the
procedural of applicable military law that the complaint was considered pro
yustisia is complaints from Reporter to Denpom VII/1Manado, and in the
subsequent discussion of the things that can eliminate the criminal
implications for the accused is free from all prejudgments, so the expired
prosecution is an alibi for abolition of the criminal prosecution right for the
accused MARKUS KAPONG.
Keywords: Expired prosecution, Military Prosecutor, Crime of Adultery