Tinjauan Yuridis Penerapan Pasal 114 Ayat (1) Undang-Undang No.35 Tahun 2009 Terhadap Tindak Pidana Penyalahgunaan Narkotika Jenis Golongan I (Studi Kasus Putusan No.3305/Pid.Sus/2016/PN.Mdn)

Abstract

Narcotics are substances or drugs derived from plants or non-plants, both synthetic and semisynthetic, which can cause a decrease or change of consciousness, loss of taste, reduce to relieve pain, and can cause dependence. The problem in writing this thesis is how the judge judgment in imposing criminal punishment on the perpetrator of the criminal act of Narcotics Group I in Decision No. 3305 / Pid.Sus / 2016 / PN.Mdn and how the application of Article 114 paragraph (1) of Law no. 35 of 2009 in the Decision No. 3305 / Pid.Sus / 2016 / PN.Mdn. Technique of collecting data is done as follows: Library Research (Library Research). This method by conducting research on various sources of written reading from scholars namely the theoretical books about law, law magazines, legal journals as well as lecture materials as well as rules about crime and Field Research (Field Research) that is with do the spaciousness in this case the author directly conduct a study on the Medan District Court by taking a decision related to the title of the thesis that is the case of narcotics crime is Decision no. 3305 / Pid.Sus / 2016 / PN.Mdn. The results of research in writing this essay is Judge Consideration on Decision No. 3305 / Pid.Sus / 2016 / PN.Mdn in the case of sentencing the perpetrators of criminal acts of narcotics abuse is based on the incriminating factors of narcotics have an impact on the social life of society such as mental disorders, anti social and immoral, the impact of narcotics as well as physical and psychological, as well as greatly endangering the life of the nation and the State, as well as perpetrators do not help the government and police programs in eradicating narcotics and things that lighten the perpetrators of the perpetrators being polite and sorry for his actions and perpetrators have never been punished. Application of Article 114 paragraph (1) of Law no. 35 of 2009 concerning Narcotics is composed of: two elements, namely the first element of each person and the two elements without the right of unlawful offer to sell, sell, buy, receive, mediate in the sale and purchase, exchange or submit Narcotics Group I has been fulfilled in the process proof trial. The legal facts are based on the report of the perpetrators of the perpetrators of the sale of narcotics, that the proof of ownership of Narcotics Group I of 3 (three) plastic packs weighing 1, 3 grams, the perpetrator was arrested and detained by the police, and processed according to the law apply. In the process of hearing, the Panel of Judges examining the defendant is guilty of a criminal offense "without the right of unlawful offer to sell, sell, mediate in the sale and purchase of Narcotics Group I and punish the defendant with imprisonment for 6 (six) years and 6 (six) month and a fine of Rp. 1.000.000.000,00 (one billion rupiah), sub sidar for 2 (two) months in prison.