Penerapan Lembaga Gijzeling terhadap Saksi Non-Militer di Pengadilan Militer Menurut UU No. 31 Tahun 1997

Abstract

The purpose of this study is to analyze the legal status of civilian or non-military witnesses held hostage in the Military Detention Center (RTM) in the context of implementing Article 154 paragraph (5) and (6) of Law No. 31 of 1997 concerning Military Justice. This study focuses on the legal issues and constitutionality of hostage-taking of civilian witnesses who refuse to be sworn in at a military trial, as well as its impact on the value of witness statements as evidence. Refusal to be sworn in without a valid reason can hinder the evidence process, especially in cases such as adultery or domestic violence (KDRT), thus potentially causing obstruction of justice. The hostage-taking of civilian witnesses by military institutions raises legal problems related to violations of civil liberties, which ultimately can cause the witness's statement to have no value as valid evidence in the trial process.