Penegakan Hukum Pidana Terhadap Tindak Pidana Narkotika (Studi Putusan No : 2220/Pid.Sus/2016/PN-Mdn)

Abstract

Narcotics is a substance or drug that is very useful and necessary for the treatment of certain diseases. However, if misused or used is not in accordance with the standard of treatment can cause adverse consequences for individuals or society, especially the younger generation. Narcotics has useful and useful properties used in the fields of medicine, health and medicine and is useful in research of the development of pharmaceutical science or pharmacology. Based on the elements and the division of criminal acts then the act of circulation or abuse of narcotics is included in a crime. The formulation of the problem is how law enforcement based on Law No. 35 of 2009 on narcotics, law enforcement obstacles for the perpetrators of narcotic crime and judges' judgment in deciding the punishment for the perpetrators of narcotic crime.To discuss this problem, the research is done by using library research method, by doing research on various sources of written reading, and Field Research method by taking Decision No: 2220 / Pid.Sus / 2016 / PN -MdnNamely the case of criminal narcotics related to the title of this thesis. Further analyzed qualitatively then the data obtained from the respondent or information generate data descriptive analysis so researched and studied as something intact. From result of research and discussion explain to law enforcement based on Law no. 35 of 2009 concerning Narcotics, As a user Subject to criminal provisions under article 116, distributors or intermediaries of criminal provisions under article 114, producers of criminal provisions pursuant to Article 113 of Law No. 35 of 2009. Barriers to law enforcement for narcotics offenders are generally: The adequacy of the skill, facilities or facilities that support law enforcement, as well as the Society and culture. In accordance with the results of analysis on decision No. 2220 / Pid.Sus / 2016 / PN-Mdn notes Article 114 paragraph (2) Jo Article 132 paragraph (1) of RI Law no. 35 of 2009 on Narcotics, Law no. 8 of 1981 on criminal procedural law and other relevant laws, stating the defendant AMER HASYIM has been proven legally and convincingly guilty of unlawful and unlawful crime by agreeing to accept or mediate in the sale and purchase of Narcotics Group I instead of plants, Weighing more than 5 grams, and the judges handed down the defendant to a maximum 10 (ten) years imprisonment of Rp. 1.000.000.000, - (one billion rupiah) provided that the unpaid penalty must be replaced with imprisonment for: 3 (three) months and charge the case to the defendant Rp. 2,000 (two thousand rupiah)