PENERAPAN PIDANA TERHADAP PENYALAHGUNAAN NARKOTIKA OLEH PEGAWAI NEGERI SIPIL

Abstract

Law Number 35 concerning Narcotics Article 112 paragraph (1) is the basis for eradicating, illicit drug trafficking and encryption which can pose serious risks and threaten the welfare of society, in the context of narcotics use, many groups are ensnared, including civil servants. Every civil servant is prohibited in the context of narcotics, if involved will be subject to severe disciplinary sanctions. In Indonesia, it is estimated that over the past year, findings in a national survey, a prevalence of 1.73% indicates 3.3 million people in Indonesia in the scope of narcotics in 2023. This data also indicates that there will be a significant increase. The formulation of the problem in this study includes: (1) Application of criminal penalties to perpetrators of narcotics crimes in narcotics crimes involving civil servants? (2) Considerations of judges in imposing criminal penalties for narcotics crimes involving civil servants? This study use a case approach, data sources in the form of secondary data. Legal materials are collected and analyzed qualitatively and inductively. Based on the research, it was concluded: (1) in the application of criminal penalties, judges can decide a case that is lower than the demands of the public prosecutor and vice versa. (2) The judge's considerations include evidence, physical evidence, mitigating and aggravating circumstances for the defense, only then can the judge decide a case without looking at a person's profession. Keywords: narcotics, criminal law enforcement, judge's considerations, civil servants