PENERAPAN SANKSI PIDANA TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA BAGI DIRINYA SENDIRI DI PENGADILAN NEGERI KLAS IA PADANG

Abstract

The development of drug crimes is very worrying, especially the continuation of the nation. This does not make the perpetrator is not a deterrent to drug abuse that penalty has been applied by judges. The application of criminal sanctions against the perpetrators of the abuse of drugs for themselves must fit the threat of sanctions contained in the provisions of Law No. 35 Year 2009 on Narcotics. Formulation of the problem in this paper is 1) How the application of criminal sanctions against the perpetrators of the abuse of drugs for himself in the district court clas IA Padang ? 2) Is that a consideration in decisions judge perpetrators of abuse of narcotics for themselves in Court clas IA Padang ? . The research conducted is socio-juridical, source data used primary data and secondary data. Data collection techniques such as interviews and document study, and the data was analyzed with qualitative methods. Based on the results of this study concluded that 1) The application of criminal sanctions against the perpetrators of the abuse of drugs for self-imposed by the judge is not a deterrent to offenders because abuse narcotics law imposed always under charges filed by the prosecutor. 2) In consideration of the judge sentenced him to narcotic abuse, seen from the burden and ease. Aggravating factors, namely: defendant is contrary to the government's anti-narcotics program, while mitigating factors, namely: the defendant was polite hearing, the defendant and the defendant's dependents have not been convicted.
Key words : Sanctions, Performer, Abuse, Narcotics