Tinjauan Yuridis Terhadap Menguasai dan Menyediakan Narkotika Golongan I (Studi Putusan Nomor 1294/Pid.Sus/2016/PN.Mdn)

Abstract

This study aims to determine the application of material criminal law to the perpetrators of Narcotics Abuse committed by the defendant (Riguel Sitorus), aged 37 years, born in Medan in decision No. 1294 / Pid.Sus / 2016 / PN and to find out the legal considerations of the judge in imposing a criminal offense against the perpetrator in Decision No. 1294 / Pid.Sus / 2016 / PN. Based on the formulation of the problem and the purpose of the research, the objectives of the research are (a) to find out how the application of the Criminal Law of Material to narcotics dealers in Decision No. 1294 / Pid. Sus / 2016 / PN.Mdn (b) To find out what is the basis of legal considerations by the Judge in imposing criminal sanctions on narcotics dealers in decision No. 1294 / Pid.Sus / 2016 / PN.Mdn. By using normative juridical research method, the following results are obtained: (a) the application of the material law in this case is in accordance with the applicable criminal law in Indonesia. (b) In the case decision number 637 / Pid.B / 2015 / PN.Mks, the panel of judges has been mistaken without considering Article 127 paragraph (2) and (3) by connecting Article 54, 55 and Article 103 that the panel of judges decides further action , after a criminal act of imprisonment to decide or order the defendant to undergo treatment and / or treatment through rehabilitation in a rehabilitation institution in Makassar.