Tinjauan Yuridis Permufakatan Jahat Penyalahgunaan Narkotika Berdasarkan Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika (Studi Putusan Nomor : 423/Pid.sus/2018/PN.Mdn)

Abstract

The narcotics problem has now penetrated all elements of the nation, from children to adults, from the lower classes to officials, even politicians and law enforcers who are also not sterile from narcotics abuse, so that efforts to eradicate it are not enough to be handled only by the government and enforcement officials law only, but need to involve the entire community to play a role and actively participate in the prevention and eradication of drug abuse and circulation. The purpose of this study is to find out the element of evil agreement on narcotics abuse in the Narcotics Act No. 35 of 2009 in Decision 423 / Pid.sus. / 2018PN. Mdan. The year 2009. Data collection techniques are carried out in the following manner: Library Research, namely research carried out based on reading materials, by reading books, laws, journals and opinions from legal and academic experts who are scientific related to the problems discussed in writing this thesis. Field Study (Field Research), namely research carried out directly on the object. Hold data collection by obtaining data, information and information from relevant agencies. Results of the Application of Material Criminal Law by the Judge on the Narcotics Abuse of Group I in the form of non-plant Number of decision 423 / pid.sus / 2018 / pn. It is appropriate. In article 114 Paragraph (2) Jo Article 123 of the Republic of Indonesia Law NO: 35 of 2009 concerning Narcotics charged in Primair Indictments. Legal considerations by the Judge on the Narcotics Abuse of Group I in the form of non-plants in imposing a sentence have been appropriate because the Judge in Case Number 423 / pid.sus / 2018 / Minister of Justice dropped the punishment based on witness testimony, defendant's statement, and evidence that according to Article 184 KUHAP is a valid evidence.