PERTIMBANGAN HAKIM DALAM PENERAPAN PIDANA PENJARA TERHADAP ANAK PENGEDAR NARKOTIKA (Studi putusan Nomor 41/Pid.Sus-Anak/2019/PN.Pdg)

Abstract

The crime of narcotics abuse is regulated in Article 112 paragraph (1) Jo 132 paragraph (1) of the Law of the
Republic of Indonesia No. 35 of 2009 concerning Narcotics. The case that occurred in Case Number 41/Pid.SusAnak/2019/PN.Pdg. Research Objectives: 1) To analyze the basis of judges' considerations in giving prison
decisions to children of narcotics dealers in decision case number 41/Pid.Sus-Anak/ 2019/PN.Pdg.2) To analyze
the criminal application of child perpetrators of narcotics traffickers in the case of decision number 41/Pid.SusAnak /2019/PN.Pdg. The normative method is the research used in this study, namely primary, secondary and
tertiary data. Data collection, the technique used is document study and analyzed qualitatively. Research
conclusions (1) The judge's considerations in juridical considerations are: the Public Prosecutor's Indictment, the
Public Prosecutor's Claim, Evidence, Evidence. The non-juridical considerations are the background, the
consequences of the defendant's actions, circumstances, aggravating and mitigating factors. (2) The judge
imposed a prison sentence of 1 (one) year, determined to remain in LPKA detention at the Anak Air city Padang
LP field.
Keywords: Judge's Consideration, Criminal Application, Children, Narcotics.