PENYIDIKAN TINDAK PIDANA NARKOTIKA DALAM LINGKUP PERADILAN MILITER (STUDI TERHADAP PERAN POLISI MILITER KODAM ANGKATAN DARAT DALAM PENYIDIKAN TINDAK PIDANA NARKOTIKA DIKALANGAN TNI ANGKATAN DARAT, POMDAM III/SILIWANGI)
ABSTRACT: In writing this
paper the author discusses the Narcotics Crime Investigation In Scope of
MilitaryJustice , which focuses on the role of the military command of the Army
Military Police InNarcotics Investigation Crime Amongst the Army Pomdam III /
Siliwangi.
It is against the backdrop that in a military unit , especially with
regard to service members whoseactions violate the law, a unified commander has
a duty and responsibility to establish, followand take legal measures in
accordance with the duties and responsibilities of authority. As acommander of
the environment. TNI certainly demanded its role in fostering
subordinatesoldiers, according to the authority provided for in article 69 of
Law No. 31 of 1997 is as BossesPunish Eligible as an investigator. Where a unit
commander or supervisor who has the right topunish the implementation assisted
by Military Police investigators within the military as well asit is followed
up by the Military Judge Advocate and a unified commander has two principal
orprimary function, namely as a supervisor who has the right to punish ( ANKUM
) and submittersofficer case ( Papera ). Military Police in carrying out its
duties and functions as an investigator isoften met with resistance, especially
during the interrogation of narcotic crime that occurred inthe Army.
The purpose of the research is the first to describe and analyze the
process of criminalinvestigations conducted by the Police Narcotics Military
Military Command of the Army, thesecond to describe and analyze the factors
that cause the abuse of narcotics in the TNI- AD andthe third to describe and
analyze the legal obstacles that occur in the investigation of criminaloffenses
that occur in the environment narcotics Army.
In this thesis the approach used is the juridical empirical research that
examines the juridical andempirical aspects of criminal investigations within
the military justice Narcotics by MilitaryPolice Army Military Command Bandung
on juridical aspects in the study conducted on theprocedures applicable
regulations , and coupled with the literature obtained through the
booksrelating to the role of the Military Police military Command Army narcotic
in the investigation ofcriminal offenses within the scope of military justice .
While aspects of the empirical approach tothe locus of action in the Military
Police Force Military Command DaratkotaBandung ininvestigating acts
pidanaNarkotika.
The results of research conducted on the stage of the investigation
process is conducted militarypolice on narcotic cases occur among members of
the army are : First , each of the investigationsconducted by Pomdam III / SLW,
Danpomdam / Wadanpomdam will give direct orders to thesection investigations
led by executing investigation unit commander rank of Captain and in itthere
are four and five non-commissioned officer who served as inspector executor
investigation. In the event of an act which is considered as an unlawful act
committed by Army soldiers onkum in particular , the community or the police to
give his report to Pomdam III / SLW overwhat is witnessed, known and experienced.
After that it will go to the location Pomdam reportedto perform reconnaissance
for approximately one week of receiving a report is received. If it isnot there
some irregularities during the reconnaissance reconnaissance will be
discontinued dueto lack of evidence obtained and when it is alleged that during
reconnaissance proved true, thenthe next process is to conduct raids and
arrests in place. Furthermore, the army officers who werecaught in the raid
will be brought to Pomdam III / SLW to undergo interrogation and search,within
1x24 hour urine examination should have been made to the local health
department thathas been designated by the Ministry of Health. Narcotics
evidence subsequently obtained withinthree days had to be submitted to the
Laboratory ( Lab ) designated Center for Food and DrugAdministration ( POM )
and subsequently the National Narcotics Agency ( BNN ) whichdetermines the
outcome of the POM hall is included in the type of narcotics or not. After
allchecks are undertaken , then made a legal opinion letter of suggestions made
by trial counsel thensubmitted to Papera that will make Sekeptera letter to do
the trial . If the decision of the judge inthe trial verdict of guilt to the
perpetrators, the perpetrators will be put into prisons ( prisons )Kebun Waru
or prisons designated by the military court. For a contributing factor, there
are 3factors ( reasons ) that can be regarded as a "trigger " a
person in a drug penyalahgunakantakterkecuali also be a factor as a member of
the Army abusing drugs . The third factor is thefactor of self , environmental
factors , and factors willingness drug itself. Obstacles encounteredin the Army
Military Police criminal investigations involving narcotics TNI - AD is the
processof law enforcement at the level of investigation and prosecution has
been no transparency, yetintegrated case management system in the military
environment , human resources are limited,facilities and infrastructure
insufficient, the supervisory function of the quality of decisions andthe
conduct of judges is not optimal , and software that is not in harmony with law
enforcementpratek.
Penulis: Firdaus Arief Chandra
Kode Jurnal: jphukumdd130749
