This thesis discusses the basis for criminal convictions against members of the
Indonesian National Army who commit the crime of rape. This study aims to
determine the basic criminal law against the Indonesian National Army who
commits the crime of rape against children. This research is a normative legal
research that focuses on positive legal norms in the form of statutory regulations.
This research uses a legal approach method. This type of research data is secondary
data with primary legal materials and secondary legal materials. The technique of
collecting data uses library research and data analysis techniques use deductive
thinking methods. The regulation of the crime of rape is contained in Article 285 of
the Criminal Code. The considerations used by military judges in imposing criminal
sanctions for military committing rape that causes pregnancy include juridical and
non-juridical considerations, namely that the act fulfills the element of rape as
stipulated in Article 285 of the Criminal Code and non-juridical considerations,
namely that the act is an inappropriate act. committed by a soldier from the
Indonesian National Army which could damage the image of the Indonesian
National Armed Forces in the eyes of the public and cause physical and mental
burdens to the victim, including the future of the child he was carrying. The author
suggests that it is hoped that the legislators can make legal reforms to provide legal
guarantees to protect victims who experience pregnancy as a result of the crime of
rape.