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All Journal Jurnal Ilmu Hukum dan Keadilan
Bonanda Japatani Siregar
Fakultas Hukum, Universitas Muslim Nusantara (UMN) Al Washliyah, Indonesia

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JURIDICAL ANALYSIS OF THE IMPOSITION OF SEVERE PUNISHMENT ON NARCOTICS COURIERS IN THE DECISION OF THE MEDAN DISTRICT COURT NUMBER 1238/PID.SUS/2025/PN MDN Didit Susanto; Bonanda Japatani Siregar
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

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Abstract

Imposing serious penalties on narcotics couriers based on Decision Number 1238/Pid.Sus/2025/PN Mdn consist of a trial process based on Article 145 to Article 190 of the Criminal Procedure Code and a decision process based on Article 191 to 202 of the Criminal Procedure Code. Factors that influence the imposition of serious penalties on narcotics couriers in Decision Number 1238 are the quantity and type of narcotics, the role and motivation of the suspect, the involvement in organized crime, the severity and social impact, the defendant's history of actions, the honesty and cooperation of the suspect, and the threat of punishment and applicable legal provisions. The judge's legal considerations in determining serious penalties for narcotics couriers in Decision Number 1238/Pid.Sus/2025/PN Mdn are appropriate because the elements of Article 114 paragraph (1) of Law No. 35 of 2009 concerning Narcotics have been fulfilled.
JURIDICAL ANALYSIS OF DECISION NUMBER 457/PID.SUS/2025/PN MDN CONCERNING THE CRIMINAL ACT OF OFFERING FOR SALE, SELLING, AND ACTING AS AN INTERMEDIARY FOR CLASS I NARCOTICS Sunardi; Bonanda Japatani Siregar
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

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This study aims to juridically analyze the fulfillment of the elements of the criminal offense, to assess the quality of evidence and the application of the evidentiary system under the Indonesian Criminal Procedure Code (KUHAP), and to examine the conformity of the judges’ considerations in sentencing from the perspective of the principle of proportionality and the objectives of punishment. The results of the study indicate that the elements of the criminal offense as formulated in Article 114 paragraph (1) of Law Number 35 of 2009 concerning Narcotics have been fulfilled lawfully and convincingly. The element of “any person,” the element of “without right or against the law,” and the element of “selling Class I narcotics” were proven through facts revealed during the trial, supported by witness testimony, the defendant’s statement, physical evidence, and documentary evidence. The panel of judges applied substantive law appropriately by assessing the elements of the offense based on normative construction and legal facts. Accordingly, the application of Article 114 paragraph (1) of the Narcotics Law in the a quo case is consistent with the prevailing positive law. The quality of evidence and the application of the evidentiary system in Decision Number 457/Pid.Sus/2025/PN Mdn are in accordance with the provisions of the Indonesian Criminal Procedure Code.
Co-Authors Didit Susanto Sunardi