Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal PAMALI: Pattimura Magister Law Review
Simamora, Yulyanti
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Enforcement of Distributive Justice in Criminal Accountability of Narcotics Abusers Class I Not Plants: Penegakan Keadilan Distributif Dalam Pertanggungjawaban Pidana Penyalahguna Narkotika Golongan I Bukan Tanaman Simamora, Yulyanti; Pane, Erina
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.3759

Abstract

Introduction: The abuse of Class I narcotics that are not plants for personal interests is an unlawful act that has a serious impact on individuals and society. Purposes of the Research: Examine the application of criminal liability against perpetrators of Class I narcotics abuse that is not a plant for personal interests and analyze whether the imposition of criminal sanctions in Decision Number: 70/Pid.Sus/2025/PNTjk has reflected the principle of justice. Methods of the Research: The research method uses a normative and empirical juridical approach, by examining laws and regulations, court decisions, and interviews with judges, police investigators, and the National Narcotics Agency. Results Main Findings of the Research: The results of the study show that the application of criminal responsibility in Decision Number: 70/Pid.Sus/2025/PNTjk has fulfilled the element of criminal responsibility according to Moeljatno's theory, because the defendant is proven to have committed a criminal act with a mistake and without a justifiable or forgiving reason. The imposition of prison criminal sanctions reflects Aristotle's distributive justice in the sense of proportionality, but the justice realized is still juridical-formal because it has not optimized the rehabilitative approach. These findings underscore the importance of a balance between formal legal certainty and substantive justice in handling narcotics cases.
Co-Authors Erina Pane