PENERAPAN ASAS KEPENTINGAN MILITER DAN PEMBERHENTIAN DENGAN TIDAK HORMAT TERHADAP PRAJURIT YANG TERLIBAT TINDAK PIDANA NARKOTIKA PADA PENGADILAN MILITER I-03/PADANG

Abstract

Former TNI Commander Gen. Gatot Nurmantio to clean up the Indonesian National Army Institution from the Narcotics influence has issued instructions and orders to his ranks, efforts to overcome the problem of narcotics are not separated from the Principles of Military Interest. The principle of military interests means that in carrying out state defense and security, military interests are prioritized more than the interests of groups and individuals. It means that in the judicial process, military interests are always balanced with legal interests, in enforcing the law, military interests must not be ignored. Law enforcers within the TNI in carrying out legal proceedings against narcotics abusers should not only see their legal interests, military interests but also must be seriously considered. Military Judges who will decide on Narcotics cases should not only see the problem from the law. The dismissal of soldiers who are perpetrators of narcotics abusers is very reasonable because from a medical point of view, someone who has consumed drugs is not ready to use, they will experience brain tissue damage, nerve cells and memory loss so that their physical condition is not prime anymore and will not be able to carry out basic tasks to the fullest. This writing aims at 1. To find out how the implementation / application of the principle of military interest in dismissal is disrespectful to the soldiers involved in narcotics crime 2. To find out how the judges' legal considerations apply the principle of military interest in dismissal with disrespect to the involved soldiers criminal narcotics, military court I-03 / Padang in practice has applied the principle of military interest in the consideration of penalties especially in narcotics criminal cases in its legal area both as a user and as a narcotics dealer, but has not been followed by orders to convicts to carry out medical rehabilitation.