Pertimbangan Hakim Dalam Menjatuhkan Putusan Tindak Pidana Narkotika yang Dilakukan Oleh Pengedar (Studi Putusan No : 2071/Pid.Sus/2016/PN-Mdn)

Abstract

The case of circulation and abuse of Narcotics in Indonesia is already at a very alarming level. These illegal drugs easily make victims in the community and even law enforcement officers involved as dealers and drug users. The issues to be discussed are the judges' consideration of Narcotics crime in the case of Decision No. 2071 / Pid.Sus / 2016 / PN.Mdn decided by the Judge has been in accordance with the theory of justice. To discuss this problem, the research is done by using library research method (library research), that is by doing research on various sources of literacy, and Field Research methods (Field Research) is by taking Decision No: 2071 / Pid.Sus / 2016 / PN .Mdn is a case of Narcotics Crime related to the title of this Thesis. When analyzed qualitatively, the data obtained from the respondent or information produces the data descriptive analysis so that it is researched and studied as a whole. From the results of the research and discussion explained for law enforcement based on Law no. 35 of 2009 on Narcotics, as a dealer or intermediary subject to article 114. Barriers to law enforcement for narcotics perpetrators in general are: Law enforcement factors or regulations, facilities or facilities that support law enforcement, community and culture. Based on the considerations, the defendant's actions have fulfilled all elements of the Public Prosecutor's indictment, so the Panel of Judges concludes that the defendant has been legally and convincingly proven to have committed a crime charged with him, namely the violation of the First Primary indictment, namely Article 114 paragraph Jo Article 132 paragraph 1 of RI Law no. 35 of 2009 concerning Narcotics. Considering that because all the elements of Article 114 paragraph 2 of Jo Article 132 paragraph 1 of RI Law no. 35 of 2009 on Narcotics has been fulfilled the defendant can be blamed for doing the deed as he was accused. The decision of a judge in a Narcotics crime on the verdict No: 2071 / Pid.Sus / 2016 / PN.Mdn is the fulfillment of the elements in Article 114 paragraph 1 of Jo Article 132 paragraph 1 RI Law no. 35 of 2009 on Narcotics as regulated and threatened by criminal under article 112 paragraph 1 of RI Law no. 35 of 2009 against the defendant HERU PUCIPA in the form of criminal punishment for 6 (six) years in prison and by paying a fine of Rp 1,000,000,000 (one billion rupiah) and subsidiary 2 (two) months in prison and burdening the cost of Rp 2000 (two thousand rupiah )