EFEKTIVITAS PENERAPAN LEX SPECIALIS DALAM PEMECATAN PRAJURIT TNI YANG TERLIBAT PENYALAHGUNAAN NARKOTIKA (Studi Putusan Nomor 2-K/PM.II-11/AU/I/2020)

Abstract

This research aims to examine how effective the application of the lex specialis principle is in the process of dismissing TNI members who are involved in narcotics abuse. This was done through the case of a military court decision regarding Hendrick Agustyono, a member of the Indonesian Air Force who was sentenced to dismissal and prison because he was proven to have consumed type I narcotics (shabu). The main issue analyzed is how military courts use the principle of lex specialis in handling this case, as well as the extent to which this method provides a deterrent effect and protects the integrity of the institution. Using a normative legal approach and analysis of decisions from military courts, this study finds that the implementation of lex specialis allows for the imposition of sanctions that are more severe than ordinary law, with dismissal as an additional punishment in addition to imprisonment. These results indicate that the dismissal of members who are proven to be abusing narcotics is not just a punishment, but also a step to maintain the discipline and dignity of the military institution. However, this research also reveals challenges in implementing this principle, especially related to consistency in imposing sanctions and the balance between repressive and rehabilitative approaches for members who are victims of abuse.