CRIMINAL SANCTIONS FOR ABUSE OF NARCOTICS AND HARD DRUGS ( CASE STUDY JURISDICTION NUMBER. 192/PID.SUS/2021/PN JBG )
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Institusion
Universitas Darul ulum
Author
Achmad Muzakky Dinillah, Zakky
Subject
H Social Sciences (General)
Datestamp
2022-10-11 23:15:13
Abstract :
The purpose of the research in order to fulfill the requirements of this writing is as follows: 1) To find out the criminal sanctions against perpetrators of criminal acts of narcotics and hard drug abuse. 2) To find out the application of criminal sanctions against perpetrators of criminal acts of narcotics and hard drug abuse. The type of research used is the type of normative legal research. Namely to provide a complete picture of the positive legal review in this case Law No. 35 of 2009 on Narcotics and Law No. 36 of 2009 on Health. Narcotics crime is one of the extraordinary crimes so that it is specifically regulated in a separate law, namely Law Number 35 of 2009 concerning Narcotics. Considering the dangers and impacts of narcotics, the government makes regulations regarding narcotics with the aim that this crime can be eradicated by the imposition of severe criminal sanctions on the perpetrators and other parties involved in narcotics crimes. The problems that exist are, how are narcotics criminal sanctions and the application of sanctions to the decision of the Jombang District Court NO. 192/PID.SUS/2021/PN.JBG. Based on the results of the research, it is concluded that criminal sanctions in the Narcotics Law can be grouped as follows: a. in the singular (jail or fine only); b. in an alternative form (choice between fines or imprisonment); c. in the form of cumulative (prison and fines); and D. in the form of a combination/mixed (prison and/or fine). This is stated in the provisions of Article 111, Article 112, Article 113, Article 115, Article 116, Article 117, Article 118, Article 119, Article 120 ? Article 126, Article 134 and Article 127 of the Narcotics Law. The application of sanctions in the Decision on Case Number 192/Pid.Sus/2021/PN jbg. the public prosecutor used the second indictment, namely Article 127 paragraph (1) letter a of the Republic of Indonesia Law no. 35 of 2009 concerning Narcotics where the elements in the indictment have been deemed proven by the public prosecutor. Where, between the actions and the elements of the article do not match each other and according to the author the application of material law in this case is in accordance with criminal law in force in Indonesia.
The purpose of the research in order to fulfill the requirements of this writing is as follows: 1) To find out the criminal sanctions against perpetrators of criminal acts of narcotics and hard drug abuse. 2) To find out the application of criminal sanctions against perpetrators of criminal acts of narcotics and hard drug abuse. The type of research used is the type of normative legal research. Namely to provide a complete picture of the positive legal review in this case Law No. 35 of 2009 on Narcotics and Law No. 36 of 2009 on Health. Narcotics crime is one of the extraordinary crimes so that it is specifically regulated in a separate law, namely Law Number 35 of 2009 concerning Narcotics. Considering the dangers and impacts of narcotics, the government makes regulations regarding narcotics with the aim that this crime can be eradicated by the imposition of severe criminal sanctions on the perpetrators and other parties involved in narcotics crimes. The problems that exist are, how are narcotics criminal sanctions and the application of sanctions to the decision of the Jombang District Court NO. 192/PID.SUS/2021/PN.JBG. Based on the results of the research, it is concluded that criminal sanctions in the Narcotics Law can be grouped as follows: a. in the singular (jail or fine only); b. in an alternative form (choice between fines or imprisonment); c. in the form of cumulative (prison and fines); and D. in the form of a combination/mixed (prison and/or fine). This is stated in the provisions of Article 111, Article 112, Article 113, Article 115, Article 116, Article 117, Article 118, Article 119, Article 120 ? Article 126, Article 134 and Article 127 of the Narcotics Law. The application of sanctions in the Decision on Case Number 192/Pid.Sus/2021/PN jbg. the public prosecutor used the second indictment, namely Article 127 paragraph (1) letter a of the Republic of Indonesia Law no. 35 of 2009 concerning Narcotics where the elements in the indictment have been deemed proven by the public prosecutor. Where, between the actions and the elements of the article do not match each other and according to the author the application of material law in this case is in accordance with criminal law in force in Indonesia.
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