Nota Perlawanan Sebagai Upaya Hukum Perlawanan Oditur Militer Di Pengadilan Militer III-14 Denpasar

Abstract

     This research aims is to determine the suitability the memorandum resistance of prosecutor military against cancellation indictment narcotics case by the Military Court III-14 Denpasar with the Act Number 31 of 1997 on Military Justice.

     This is normative research with case approach with using of primary and secondary law materials. Resistance or Verzet may be submitted by the Public Prosecutor who did not receive the interlocutory judgment that has been handed down by the judges in the court. The incterlocutory judgment are usually dropped after objections from the defendant or their counsel. The interlucotory judgment imposed by the judges could accept the objections filed the defendant or their counsel or it could be the oppsosite, that is rejected the objections raised or their counsel.

      This research was based on the military criminal cases of Narcotics conducted by I Gusti Ngurah Yudana in the jurisdiction of the Military Court of Denpasar. Based on this research the memorandum resistance of prosecutor military against cancellation indictment narcotics case by the Military Court III-14 Denpasar accordance with the provisions of article 146 paragraph (1) of the Act Number 31 of 1997 on Military Justice, that is filed in accordance predetermined period of time and through a legal procedure.

       Keyword: The Memorandum Resistance of Prosecutor Military, Military Justice