Abstract:
On January 10, 2022, the Kodam Jaya Command was officially handed over from Major General
of the Indonesian National Armed Force Mulyo Aji to Major General Untung Budiharto through
the TNI Commander’s Decree Number Kep/5/I/2022, caused much controversy because Untung
Budiharto is a person with a criminal record in court The military to the record of gross human
rights violations at Komnas HAM. Untung Budiharto’s appointment was also the main reason for
civil society to sue at Jakarta Administrative Court and Jakarta Military High Court II, which
unfortunately ended in unsatisfactory results that is the rejection of the lawsuit with the reason
there was no Government Regulation concerning Military Administrative Procedure Law or the
Commander Decree regarding Administrative Procedure Law (legal vacuum), even though it is
regulated under Art.10 (1) Law 48/2009 Regarding Judicial Powers, where judges are forbidden
from rejecting to handle a case filed on the grounds that there is legal vacuum or unclear law. So,
based on the context above, the problem raised in this undergraduate thesis is how a judge should
act when there is a legal vacuum, especially if it is related to the Rechtsvinding theory. The
research methodology that is used is a juridical normative and qualitative technique by deductive
conclusions drawn.
