PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA MATI KEPADA PELAKU PENGEDAR NARKOTIKA

Abstract

According to the provisions of Article 114 paragraph (2) in conjunction with Article 132 paragraph (1) of Law Number 35 of 2009 concerning narcotics, trading, offering, narcotics without rights (circulating narcotics) is a crime against the law which is punishable by the maximum death penalty. According to data from the National Narcotics Agency during 2014-2019, there were 186 people convicted of narcotics who were sentenced to death. Formulation of the problem (1) How is the application of the death penalty for narcotics traffickers? (2) What is the basis for the judge's consideration in imposing a death sentence on narcotics traffickers? This type of research is normative juridical. The data used consists of primary data and secondary data. The data collection technique was done by means of document studies and qualitative data analysis. The results of the research are (1) The application of capital punishment to narcotics traffickers in Indonesia is the right step taken by the State to protect the nation's generation and does not conflict with human rights. (2) The judge's consideration given to the perpetrator is juridical considerations starting from the indictment, evidence and charges, as the elements of Article 114 paragraph (2) in conjunction with Article 132 of Law Number 35 Year 2009 concerning Narcotics are fulfilled. Non-juridical considerations take into account the background of the defendant's life, namely repetition of acts and not supporting government programs such as expert testimony, evidence and testimony of the defendant at trial.