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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Edi Subhan
Universitas Islam Jakarta, Indonesia
Religion Arts Humanities Economics, Econometrics & Finance Social Sciences

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The Implementation of Cumulative Criminal Sanctions on the Psychotropic Abuse Criminal Act Based on Law Number 5 of 1997 Concerning Psychotropics (Study of Decision Number 1193/Pid.Sus/2020/PN. Jkt.Brt) Edi Subhan
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5666

Abstract

This study aims to identify and explain the application of cumulative criminal sanctions and judges' legal considerations in imposing cumulative penalties based on Law Number 5 of 1997. The research method uses a normative juridical approach to legislation. The results show that the application of cumulative criminal sanctions on criminal acts of psychotropic abuse from ineffectiveness to the degree of effectiveness in the clarity of the formulation of the substance of the legal rules regulated in the Psychotropic Law requires sentencing guidelines for judges in determining the limit on the number of illegal psychotropic possessions in order to determine the weight. The lightness of cumulative criminal sanctions against the adverse effects of illicit trafficking and abuse of psychotropic substances in the life of society, nation, and state. The judge's legal considerations in imposing cumulative penalties through the ratio descending approach are based on the subject matter of the Public Prosecutor's indictment and prove the elements of the indicted articles are the basis for the judge's decision in the application of cumulative criminal sanctions based on the Psychotropic Law.
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