Establish clearer guidelines in criminal offenses for members of the TNI

Oct 13, 2025 by leolavanderia.com.br 51 views

Legal Analysis Regarding the Disparity of Criminal Investigation of Members of the Indonesian National Armed Forces who conduct narcotics abuse

Introduction

The Indonesian National Armed Forces (TNI) is a prestigious institution that plays a vital role in maintaining national security and stability. However, the recent cases of TNI members involved in narcotics abuse have raised concerns about the disparity in criminal investigation and imposition of sanctions. This study aims to analyze the legal regulations and factors that contribute to the disparity in criminal investigation of TNI members who conduct narcotics abuse, with a focus on the study of Decision No.66-K/PMT-I-BDG/AD/II/2017 and Decision No.04-K/PMT-I/BDG/AD/I/2017.

The Legal Regulation of TNI Members

The legal regulation of TNI members who conduct narcotics abuse is governed by statutory regulations, including military criminal law. Article 93 of the Indonesian Military Law No. 14 of 2004 states that any member of the TNI who commits a crime shall be subject to military law. However, the application of this law is often inconsistent, leading to disparity in criminal investigation and imposition of sanctions.

Factors Causing Criminal Disparity

One of the main causes of criminal disparity is the discretion of judges. This discretion refers to the authority of the judge to assess and determine the magnitude of the crime based on various considerations. The absence of clear criminal guidelines is also a supporting factor, so that judges have greater freedom in making decisions. The laws governing the minimum and maximum criminal offenses are often not accompanied by appropriate guidelines, which lead to uncertainty and injustice in criminal imposition.

The discretion of judges is a significant factor in causing criminal disparity. Judges have the authority to assess the severity of the crime and determine the appropriate punishment. However, this discretion can lead to inconsistent and unfair treatment of TNI members who commit similar crimes. For example, in Decision No.66-K/PMT-I-BDG/AD/II/2017, a TNI member was sentenced to prison for one year accompanied by dismissal from military service, while in Decision No.04-K/PMT-I/BDG/AD/I/2017, a member was sentenced to imprisonment for one year and two months with the same additional sanctions.

Legal Policy and Implications

Legal policies for members of the TNI involved in narcotics abuse are very important to be applied consistently. By paying attention to the results of the analysis of the two decisions, it can be concluded that there needs to be an effort to create clearer guidelines in criminal offenses for members of the TNI. This will not only help in maintaining justice, but can also prevent disparities that harm individuals and military institutions themselves.

The creation of clearer guidelines in criminal offenses for members of the TNI is essential to prevent disparity in criminal investigation and imposition of sanctions. This can be achieved by establishing clear and consistent standards for the assessment and determination of the magnitude of the crime. Additionally, the laws governing the minimum and maximum criminal offenses should be accompanied by appropriate guidelines to ensure that judges have a clear understanding of the severity of the crime and the appropriate punishment.

Conclusion

Disparity in criminal offenses against members of the TNI who conduct narcotics abuse shows the existence of an incomplete in the application of the law. This is caused by factors such as judge discretion and lack of punishment guidelines. With a better legal policy, it is expected that justice and legal certainty for all members of the TNI involved in similar cases. Through a better understanding of this problem, it is hoped that solutions can be found that can reduce disparity in future criminal offenses.

Recommendations

Based on the analysis of the two decisions, the following recommendations are made:

Establish clearer guidelines in criminal offenses for members of the TNI: The creation of clearer guidelines in criminal offenses for members of the TNI is essential to prevent disparity in criminal investigation and imposition of sanctions.
Improve the discretion of judges: The discretion of judges should be improved by providing clear and consistent standards for the assessment and determination of the magnitude of the crime.
Establish a clear and consistent system for the imposition of sanctions: A clear and consistent system for the imposition of sanctions should be established to ensure that TNI members who commit similar crimes receive similar treatment.
Provide training and education for judges: Judges should receive training and education on the application of military law and the importance of consistency in the imposition of sanctions.

By implementing these recommendations, it is hoped that disparity in criminal offenses against members of the TNI who conduct narcotics abuse can be reduced, and justice and legal certainty can be maintained for all members of the TNI involved in similar cases.
Frequently Asked Questions (FAQs) about the Disparity of Criminal Investigation of Members of the Indonesian National Armed Forces who conduct narcotics abuse

Q: What is the main cause of disparity in criminal investigation of TNI members who conduct narcotics abuse?

A: The main cause of disparity in criminal investigation of TNI members who conduct narcotics abuse is the discretion of judges. This discretion refers to the authority of the judge to assess and determine the magnitude of the crime based on various considerations.

Q: What are the factors that contribute to the disparity in criminal investigation of TNI members who conduct narcotics abuse?

A: The factors that contribute to the disparity in criminal investigation of TNI members who conduct narcotics abuse include:

Discretion of judges
Lack of clear criminal guidelines
Uncertainty and injustice in criminal imposition
Inconsistent application of military law

Q: What is the role of the Indonesian National Armed Forces (TNI) in maintaining national security and stability?

A: The TNI plays a vital role in maintaining national security and stability. As a prestigious institution, the TNI is responsible for protecting the country from internal and external threats.

Q: What are the consequences of disparity in criminal investigation of TNI members who conduct narcotics abuse?

A: The consequences of disparity in criminal investigation of TNI members who conduct narcotics abuse include:

Injustice and unfair treatment of TNI members
Damage to the reputation of the TNI
Loss of public trust and confidence in the TNI
Potential for further corruption and abuse of power

Q: What can be done to prevent disparity in criminal investigation of TNI members who conduct narcotics abuse?

A: To prevent disparity in criminal investigation of TNI members who conduct narcotics abuse, the following measures can be taken:

Establish clearer guidelines in criminal offenses for members of the TNI
Improve the discretion of judges
Establish a clear and consistent system for the imposition of sanctions
Provide training and education for judges

Q: What is the significance of Decision No.66-K/PMT-I-BDG/AD/II/2017 and Decision No.04-K/PMT-I/BDG/AD/I/2017 in the context of disparity in criminal investigation of TNI members who conduct narcotics abuse?

A: Decision No.66-K/PMT-I-BDG/AD/II/2017 and Decision No.04-K/PMT-I/BDG/AD/I/2017 are significant in the context of disparity in criminal investigation of TNI members who conduct narcotics abuse because they highlight the inconsistency in the application of military law and the need for clearer guidelines in criminal offenses.

Q: What is the expected outcome of this study on the disparity of criminal investigation of TNI members who conduct narcotics abuse?

A: The expected outcome of this study on the disparity of criminal investigation of TNI members who conduct narcotics abuse is to provide a better understanding of the factors that contribute to disparity in criminal investigation and to recommend measures to prevent disparity in the future.

Q: What are the implications of this study for the Indonesian National Armed Forces (TNI) and the country as a whole?

A: The implications of this study for the Indonesian National Armed Forces (TNI) and the country as a whole are significant. The study highlights the need for the TNI to improve its internal governance and to ensure that its members are held accountable for their actions. The study also has implications for the country as a whole, as it highlights the need for a more effective and efficient system of justice and the importance of maintaining public trust and confidence in the TNI.