CD Tesis
Penegakan Hukum Pidana Terhadap Kelompok Kriminal Bersenjata Berdasarkan Hukum Positif Indonesia Dikaitkan Peran TNI Dalam Membantu Polri
The TNI's current problem is that when assisting the National Police in overcoming the KKB, it is experiencing a dilemma related to human rights issues and legal threats which are preventing the TNI from acting and moving. So this is the factor that causes many TNI soldiers to die in operational areas because TNI soldiers are hesitant in taking a stand when carrying out their duties in helping the National Police overcome the KKB. The first problem formulation is whether armed criminal groups are included in operations other than war in the Republic of Indonesia Law number 34 of 2004 concerning the Indonesian National Army. Second, how the enforcement of criminal law against armed criminal groups based on Indonesian positive law is related to the role of the TNI in assisting the National Police. The research method used is Normative Law research. The research results show that Article 6 paragraph (2) of the KKB is included in the category that must be eradicated by the TNI, this is because the KKB has committed massive violent crimes which can be categorized as a terrorist group. However, in reality, every resistance carried out by the TNI is always collided with human rights issues because full authority is given to the Police. Criminal law enforcement is characterized by synergy between the two institutions in enforcing criminal law against armed criminal groups. The two institutions signed a Memorandum of Understanding (MoU). In the MoU, a number of things were agreed, including that the TNI would assist the National Police in the areas of security, training, operations and education.
Keywords : Law Enforcement; Criminal Crime Group; Indonesian National Army; Indonesian Republic Police;
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