KEKUATAN PEMBUKTIAN TES URINE TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA (Studi Perkara Nomor 81/Pid.Sus/2020/PN Pdg)

Abstract

Based on Article 127 Paragraph (1) letter a of the Narcotics Law, "every narcotics abuser of my class for himself will be sentenced to a maximum imprisonment of 4 years", such as case number 81 / Pid.Sus / 2020 / PN Pdg. The defendants SS and R were given 2 packages of shabu-shabu narcotics by Abang (dpo), which was an additional fee for making fish ponds, the methamphetamine was used by the defendants, then the defendants used a urine test with Urine results. the defendants were positive for Meth Amphetamine (Shabu) and Amp Positive (Ecstasy). Formulation of the problem: (1) What is the power of proof of urine testing against narcotics offenders in case No.81 / Pid.Sus / 2020 / PN Pdg? (2) How is the application of the crime against narcotics criminals in case No. 81 / Pid.Sus / 2020 / PN Pdg?. This type of research is normative law. The data sources are secondary data consisting of primary legal materials, secondary legal materials, tertiary legal materials, information techniques through document studies, qualitative data analysis. The conclusions of the research results: (1) the power of the urine test has a very strong role, the defendant cannot be declared to have used narcotics without using a urine test, therefore a urine test must be carried out to prove that the defendant has used narcotics. (2) The elements in this article are proven and fulfilled according to law, and are released from imprisonment for 2 years and 3 months.