Dasar Pertimbangan Hakim dalam Menjatuhkan Hukuman Pidana Penjara Terhadap Pelaku Penyalahgunaan Narkotika (Studi Putusan Pengadilan Negeri Binjai Nomor 120/Pid.Sus/2017/PN.Bnj)

Abstract

The imprisonment is one of the main types of punishment regulated in Article 10 of the Criminal Code. The prison system became known in Indonesia through Wetboek van Strefrecht voor Nederlanch-Indie, which then under the provisions of Article 6 of Law Number 1 Year 1964 was changed to Criminal Code which came into force in Indonesia based on Koninklijk Besluit. The issues that will be discussed are the Basic Judge Consideration in Destroying Prison Sentences against Narcotics Abuse Practitioners and How Imprisonment of Criminal Imprisonment in Decision No. 120 / Pid.Sus / 2017 / PN.Bnj. To discuss this problem, the research is done by using the research method of library (library research), that is by doing research on various sources of written reading, and field research method (field research), the writer directly conduct study to the District Court of Binjai by taking decision No. 120 / Pid.Sus / 2017 / PN.Bnj is the case of Narcotics Abuse matters related to the title of this thesis. Further analyzed qualitatively to obtain a clear picture with the subject matter. With qualitative analysis then the data obtained from the respondent or information generate descriptive data analysis so researched and studied as something intact. Results of research and discussion that are based on the articles of Law number 35 Year 2009 on Narcotics that has arisen things that become the Basic Consideration of Judges in the Decision Case Number 120 / Pid.Sus / 2017 / PN.Bnj is the fulfillment of elements of the defendant committed the crime of Narcotics Abuse and in very compatible with the case and minimize the possibility of the defendant free from the lawsuit in accordance with the indictment of the Public Prosecutor Article 127 paragraph (1) letter (a) of Law number 35 Year 2009.