The Legal Concept of Rehabilitation for TNI Soldiers Who Commit Narcotics Crimes in Legal Certainty Perspective

Abstract

This journal aims to discuss the legal concept of rehabilitation for TNI soldiers who commit narcotics crimes from the perspective of legal certainty. Research was carried out through a series of systematic and measurable scientific steps. The method used in this research is to use a qualitative research approach through qualitative analysis based on unique findings in the research. The qualitative research approach that will be used is using juridical-normative research, namely a research method that includes research on the identification of laws and legal events based on legal aspects of a law and its application in the field to the implementation of ideal rehabilitation for TNI Soldiers who abuse narcotics, so that in his research he can review various mechanisms of the military rehabilitation system for narcotics abusers to find patterns of implementation of rehabilitation in court decisions so that better rehabilitation policies can be formulated in the future. Basically, legal policies related to the rehabilitation of narcotics abusers are still not fully implemented properly. This is the result of a tug-of-war between policy makers in the health sector and law enforcement regarding how to handle self-narcotics abusers. This tug-of-war occurs because the position of Narcotics Abusers is formally in two dimensions, namely the health dimension and the legal dimension. Narcotics abusers are criminals who are subject to criminal penalties, but on the other hand, narcotics abusers who are in a state of physical and psychological dependence on narcotics (narcotics addicts) are "sick people" who must be rehabilitated in order to recover, especially TNI who have abused narcotics. Therefore, military courts are given more authority compared to courts in general. Among them is the authority of military courts to dismiss military personnel from military service with the standard of dismissal of a military person who is no longer fit to serve in the military. Dismissal from military service of narcotics abusers is a very important step because it takes into account the military's interests in maintaining compliance with the law, as previously explained. However, it is also necessary to consider medical rehabilitation for offenders after dismissal. From a legal perspective, narcotics abusers are considered both perpetrators of criminal acts and victims. In practice, several TNI soldiers who were dismissed from military service due to drug abuse did not undergo medical rehabilitation, so they returned to society in inadequate conditions and were still dependent on narcotics. This is not in line with the objectives of current punishment, which focus more on awareness, correction and prevention of re-offending. They should be given the opportunity to be accepted back into society after recovering and becoming responsible citizens. TNI soldiers who are fired and left without supervision after dismissal can pose a serious threat because they have special skills that can be utilized in illegal narcotics-related activities.