Analisis Hukum Terhadap Pertimbangan Hakim dalam Menjatuhkan Hukuman Pidana Mati pada Pelaku Tindak PIdana Narkotika (Studi Putusan No. 273/Pid.Sus/2016/PN/Mdn)

Abstract

The judge in his free position is required to be impartial. As a judge who does not take sides in carrying out the profession, meaning, the judge must always guarantee the fulfillment of treatment according to human rights, especially for the suspect or defendant. The problems that will be examined in this study are: how are the legal rules concerning criminal acts of narcotics abuse, what are the factors causing the perpetrators to commit criminal acts of narcotics abuse in Decision No. 273 / Pid.Sus / 2016 / PN.Mdn and how is the judge's consideration in imposing a death penalty on the perpetrator of a crime in Decision No. 273 / Pid.Sus / 2016 / PN.Mdn. The research objective is to answer the problems discussed in this study. The research method in writing this thesis is to use normative juridical research, with the nature of analyst descriptive research and using library research and field research (Field Research), namely to the Medan District Court and take a related decision, namely Decision No. 273 / Pid.Sus / 2016 / PN.Mdn to be analyzed and conducted an interview with the judge handling the case. Legal regulation concerning criminal acts of Narcotics Use in Group I of Law Number 9 of 1976 concerning Narcotics, Jo Law No. 22 of 1997 concerning Narcotics Jo Act No. 35 of 2009 concerning Narcotics. Factors causing the use of Narcotics are: Internal factors: Personality, Intelligence, Age, Encouragement of pleasure, Curiosity and Solving problems. External factors that contribute to drug abuse include: family harmony, employment, socioeconomic status, and group pressure. Hakim consideration on Decision No. 273 / Pid.Sus / 2016 / PN.Mdn in the case of imposing the death penalty on the perpetrators of narcotics abuse is based on the indictment indicted, based on evidence, witness testimony, statement of the defendant, expert testimony and the Defendant's instructions have been proven legally and convincingly guilty of a criminal act "Without the right or against the law to commit a conspiracy to accept Narcotics Group I is not a plant that weighs more than 5 (five) grams. Consideration of the impact of this drug, so that the decision handed down to the Defendant is already a decision that has considered all aspects of life for the Life of the Indonesian Nation. Regarding things that alleviate, that furthermore the Panel of Judges did not find matters that relieved the Defendant, the Panel of Judges ruled the defendant was sentenced to death.