PENERAPAN PIDANA TERHADAP RESIDIFIS TINDAK PIDANA NARKOTIKA DI PENGADILAN NEGERI KLAS I A PADANG

Abstract

ABSTRACT

The application of the criminal by the District Court of Class 1 A Padang against recidivist criminal narcotics nothing maximum of 1/3 (one third). Meanwhile, according to Article 144 paragraph (1) of Law No. 39 of 2009 on Narcotics, every person within a period of 3 (three) years to repeat the criminal offense of criminal maximum plus 1/3 (one third). Issues: (1) What are the considerations judges in imposing criminal recidivist criminal offenses against narcotics in the District Court of Class 1 A Padang? (2) How does the application of sentence imposed by the judge to recidivist narcotic crime in the District Court of Class 1 A Padang? The approach uses juridical sociological, resource of data are primary data, secondary data. The data collection technique was interview with the study of the document, and the data was analyzed qualitatively. Conclusion The results of the study: (1) Consideration of judges in decisions to recidivist defendants in narcotic cases are as follows: a) Consideration The Juridical Characteristically, b) Consideration The Characteristically Non Juridical. (2) The application of the accused criminal recidivists narcotic crime in the District Court of Class 1 A Padang is not in accordance with the provisions contained in Article 144 paragraph (1) of Law No. 39 of 2009 on Narcotics.

keyword: application, criminal, recidivist, narcotics