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TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH ANGGOTA TENTARA NASIONAL INDONESIA(Studi Kasus Putusan Pengadilan Militer Surabaya Nomor: 88/K/MIL/2018)
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Institusion
Universitas Bhayangkara Surabaya
Author
Shafirra, Qintha Eky
Subject
 
Datestamp
2023-11-28 04:03:14 
Abstract :
Narcotics are substances or drugs that come from plants or not plants, both synthetic and semisynthetic, which can cause a decrease, or change in consciousness, loss of taste, reduction to eliminate pain, and can cause dependence. Narcotics abuse has entered various sections of the community as well as narcotics abuse by members of the military. In law enforcement in the abuse of narcotics in the military environment, the principle of lex specialis derogate legi generali is implemented, which means that the law specifically overrides general law. Where according to Article 103 the final regulation is a bridge for the use of Law number 35 of 2009 concerning narcotics in the enforcement of narcotics abuse law in the military environment. For the sake of the military's interests, a member of the TNI as a victim of narcotics abuses will experience dismissal, but dismissal of the defendant without a rehabilitation order will certainly be a burden on civilian authorities or will lead to new legal problems. TNI soldiers who are dismissed from military service, of course, still have the ability or special expertise will be very dangerous if they are recruited to join narcotics dealers, therefore they need supervision and control from the TNI authorities. Therefore rehabilitation is needed to go through a transition period before being returned to the community so that it does not become a burden on civil authorities. 
Institution Info

Universitas Bhayangkara Surabaya