PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN TERHADAP PENYALAHGUNA NARKOTIKA GOLONGAN I

Abstract

ABSTRACT

 

Narcotics abusers are regulated in Article 127 of Law Number 35 of 2009 concerning Narcotics. Drug users can be sentenced to imprisonment or rehabilitation. For narcotics abuse can be subject to criminal or rehabilitation. The formulation of the problem is: (1) What is the judge's consideration in imposing criminal sanctions on class I narcotics abuse? (2) What is the judge's consideration in determining class I drug abuse rehabilitation? This study uses a normative approach by reviewing court decisions. The research population was the decision of the district court regarding narcotics misuse. A sample of 20 decisions were taken randomly. Data was taken with document study techniques. Data were analyzed qualitatively. Based on the results of the study concluded: (1) Judges in giving criminal sanctions to perpetrators of narcotics abuse class I pay attention to juridical matters, namely the elements of Article 127 of Narcotics and non-juridical Laws, namely things that are burdensome and mitigating matters. (2) Judges' consideration in giving medical rehabilitation decisions to perpetrators of narcotics abuse class I is to pay attention to assessments from mental hospitals or drug dependence hospitals by observing the provisions of the Supreme Court Circular No. 4 of 2010;

Keywords: Consideration, Judge, Abuse, Narcotics