PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN TERHADAP KASUS TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH ANGGOTA TNI (Studi Kasus Putusan Pengadilan Militer I-03 Padang Nomor 37-K/PM I-03/AU/V/2022)

Abstract

The crime of narcotics abuse is regulated in the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics. The problem in this study is how the application of criminal law and judges' considerations in passing decisions on criminal cases of narcotics abuse by members of the TNI. This research is a normative juridical research. Data analysis used descriptive qualitative analysis. Based on the results of the study it was concluded that the criminal determination of the crime of narcotics abuse by members of the TNI had been indicted by the Military Prosecutor with a single indictment according to the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics. The perpetrator was found guilty of committing the crime of abuse of Narcotics Category I for himself as the judge decided according to the demands of the Military Prosecutor by imposing a sentence on the defendant with the main crime of imprisonment for 1 (one) year and 3 (three) months. Stipulates that during the time the Defendant was in detention, the entire sentence was deducted from the sentence imposed and additional punishment: Dismissal from military service for violating Article 127 Paragraph (1) letter a of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics. The judge's considerations in deciding the case in the Court's Decision are in accordance with the legal facts which consider the Single indictment as stipulated in Article 127 Paragraph (1) letter a which is based on the judge's considerations that are juridical in nature as evidence contained in Article 184 of the Criminal Procedure Code based on the indictment, charge, Evidence in the form of witness statements, letters, statements of the accused, and articles of criminal law regulations that were violated, judges' non-juridical considerations which found legal facts as well as aggravating and mitigating circumstances for the defendant.