Pertimbangan Hakim Terhadap Penerapan Sanksi Pidana Bagi Pelaku Tindak Pidana Narkotika Berdasarkan Undang-Undang Nomor 35 Tahun 2009 (Studi Putusan Nomor :185/Pid.Sus/2015/Pn.Bnj)

Abstract

We see our generations who have fallen into consuming Narcotics which will gradually harm themselves, their families, society and even the country. In the absence of preventive efforts, sooner or later the younger generation of future owners will begin to crumble. Judge consideration is one of the most important aspects in determining the realization of the value of a judge's judgment which contains justice (ex aequo et bono) and contains legal certainty, in addition it also contains benefits for the parties concerned so that the judge's consideration must be addressed carefully, , and careful. The application of criminal penal provisions to Narcotics criminals must be based on legal facts either through evidences such as witness statements and statements of defendants as well as legal facts through evidences. In addition, it is also based on juridical consideration of the indictment and prosecutor's charges. In this case, the Prosecutor uses an alternative indictment that the Public Prosecutor charges Article 112 paragraph (1) and Article 127 paragraph (1). However, at the end, through the fact that the judge based on the facts in the trial of the Panel of Judges passed