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All Journal Reformasi Hukum Trisakti
Alwan Rasyid Naufal
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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ANALISIS YURIDIS ALAT BUKTI SURAT KETERANGAN DOKTER (STUDI PUTUSAN NOMOR 187/PID.SUS/2020/PN MLG) Alwan Rasyid Naufal; Setiyono
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (240.015 KB) | DOI: 10.25105/refor.v4i6.15032

Abstract

Documentary evidence is one of the bases of proving a criminal case which is used before trial to help determine whether or not the defendant is guilty, and the judge who examines a criminal case must pay attention and examine the evidence provided before the trial. Article 54 of Law number 35 of 2009 concerning Narcotics stated that the victims of Narcotics Abuse and Addicts are required to undergo medical and social rehabilitation. But in practice, there are many narcotics abusers and addicts who are not given rehabilitation sentences but given punishment in the form of imprisonment. Therefore, the research’s problem are regarding the strength of doctor's certificate of evidence in narcotics crime case and the inaccuracy of legal considerations given by Panel of Judges regarding the doctor's certificate as evidence given before the trial. The research is a normative and descriptive analytical legal research, using secondary data obtain through library research, analyzed qualitatively and conclusions drawn using deductive understanding. The research conclusions are that the strength of documents as the evidence is independent and narcotics abusers should be given a punishment in the form of rehabilitation but in accordance with the existing and related regulations.
ANALISIS YURIDIS ALAT BUKTI SURAT KETERANGAN DOKTER (STUDI PUTUSAN NOMOR 187/PID.SUS/2020/PN MLG) Alwan Rasyid Naufal; Setiyono
Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i6.15032

Abstract

Documentary evidence is one of the bases of proving a criminal case which is used before trial to help determine whether or not the defendant is guilty, and the judge who examines a criminal case must pay attention and examine the evidence provided before the trial. Article 54 of Law number 35 of 2009 concerning Narcotics stated that the victims of Narcotics Abuse and Addicts are required to undergo medical and social rehabilitation. But in practice, there are many narcotics abusers and addicts who are not given rehabilitation sentences but given punishment in the form of imprisonment. Therefore, the research’s problem are regarding the strength of doctor's certificate of evidence in narcotics crime case and the inaccuracy of legal considerations given by Panel of Judges regarding the doctor's certificate as evidence given before the trial. The research is a normative and descriptive analytical legal research, using secondary data obtain through library research, analyzed qualitatively and conclusions drawn using deductive understanding. The research conclusions are that the strength of documents as the evidence is independent and narcotics abusers should be given a punishment in the form of rehabilitation but in accordance with the existing and related regulations.
Co-Authors Setiyono Setiyono