PERTIMBANGAN HAKIM DALAM MENERAPKAN PIDANA MATI TERHADAP PELAKU TINDAK PIDANA NARKOTIKA

Abstract

The government has regulated the imposition of the death penalty for narcotics offenders in Law Number 35 of 2009 Article 114 Paragraph (2). Judges' considerations are one of the most important aspects in determining the realization of the values of justice and legal certainty. There have been several cases in Indonesia involving the imposition of the death penalty for narcotics offenses. The research questions are: 1) What are the judges' considerations in imposing the death penalty on narcotics offenders? 2) How is the imposition of the death penalty on narcotics offenders reviewed in terms of human rights? This type of research utilizes normative juridical research. The data sources used are secondary data consisting of primary, secondary, and tertiary legal materials. Data collection techniques involve document studies and qualitative data analysis techniques. The research results indicate that: 1) In imposing the death penalty on narcotics offenders, the panel of judges has carefully considered aspects from both juridical and non-juridical perspectives. 2) The imposition of the death penalty on narcotics offenders is not considered a violation of human rights because the death penalty is still applicable in Indonesia and regulated in Narcotics Law.