Analisis Yuridis terhadap Tindak Pidana Narkotika yang Dilakukan Militer dan Sipil dari Perspektif Acara Pemeriksaan Koneksitas (Studi Putusan Dilmil I-02 Medan Nomor 1-K/PM.I02/AL/I/2023)

Abstract

Criminal cases involving both military personnel and civilians as perpetrators are examined and adjudicated through the mechanism of Connection Examination Procedure (Acara Pemeriksaan Koneksitas). This procedure is regulated in Articles 89-94 of the Indonesian Criminal Procedure Code (KUHAP) and Articles 198-203 of the Military Court Law. These provisions clearly outline the process for handling such joint-offender cases. However, in practice, the mechanism is often disregarded by applying a splitsing approach, or the separation of case files. This separation was implemented in the decision of the Military Court 1-02 Medan No. 1-K/PM.I- 02/AL/12023, in which both military and civilian defendants were involved This study aims to answer the following questions: (1) What is the legal procedure for handling connection cases according to existing indonesian regulations? (2) How can the decision of Military Court 1-02 Medan No 1-K/PMJ-02/AL/1/2023 be analyzed from the perspective of the connection examination procedure? and (3) What are the legal implications of handling such cases without applying the connection procedure. This research uses a normative juridical method, focusing on library research. Primary, secondary and tertiary legal materials were collected through literature review and analyzed qualitatively using a descriptive-analytical approach The results of the study indicate that there was a violation of authority by law enforcement officials in the case involving Sertu Ucok, due to a weak understanding of the connection procedure. This led to the unlawful separation of case files (splitsing). The legal implication of issuing a decision without following the proper connection mechanism is that, while the decision remains formally valid, it is procedurally flawed and thus subject to annulment upon further legal review. More seriously, it disrupts the objectives of the legal system, namely justice, legal certainty, and legal benefit. As a recommendation, it is necessary to ensure consistency among law enforcement officers in applying the connection mechanism, strengthen regulatory frameworks regarding its implementation, and impose strict sanctions for violations in order to uphold justice, legal certainty, and optimal legal benefit.