Pertanggung Jawaban Tindak Pidana Narkotika yang Dilakukan Anggota Tentara Nasional Indonesia (Studi Putusan Nomor: 16-K/Bdg/PMT-I/AD/II/2016)

Abstract

Criminal acts are actions or actions committed by human beings whose conduct is prohibited by criminal law. One of the most common crimes in Indonesia is Narcotics. In general, Narcotics problems can be divided into three interrelated parts, namely the illegal production of Narcotics, illicit Narcotics trade, and Narcotics abuse. The problems in this study are the problems to be discussed (1) What is the legal rule in Narcotics crime committed by members of the Indonesian National Army (2) How is the accountability of Narcotics crimes committed by members of the Indonesian National Army. The type of research is normative juridical the type of research conducted by studying existing norms or legislation with those related to the issues discussed The adoption of the criminal sanction of the Defendant is the imposition of a criminal sanction of the principal criminal in the form of imprisonment of 1 (one) year and additional criminal sanction of the military service as regulated in Article 127 paragraph (1) a and Article 26 of the Military Criminal Code. In accordance with Law Number 34 of 2004 on the Indonesian Armed Forces article 7 paragraph (1) the main task of the Indonesian National Army is to promote the sovereignty of the state, the Unity of the Republic of Indonesia. Countermeasures of Narcotics crimes committed by the Defense Force of Indonesia pre-emtif efforts (1) Providing legal education about Narcotics (2) Providing health education about the dangers of Narcotics (3) Provide guidance on mental guidance, of preventive efforts (1) Conduct inspection (2) Suppression through telegram, of repressive efforts (1) Arrest and process proceedings to Military Court (2) Dismissal.