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All Journal Reformasi Hukum Trisakti
Satrya Manulung Bansage Immanuel Paparang
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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Journal : Reformasi Hukum Trisakti

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RATIO DECIDENDI PUTUSAN HAKIM YANG BERBEDA DARI KASUS SEJENIS DALAM DELIK NARKOTIKA Satrya Manulung Bansage Immanuel Paparang; Dian Adriawan Daeng Tawang
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (594.367 KB) | DOI: 10.25105/refor.v4i5.15134

Abstract

The legal proposition, which is a predicate that comprises the consideration of the judge making a legal decision on the case being tried, say the case of drug use, contains the ratio decidendi of the court's decision. The way the issue is phrased is how are different judge decisions on the ratio determined (Decision of the South Jakarta District Court No.968/Pid.Sus/2020/PN.Jkt.Sel and Decision of the Malang District Court No.28/Pid.Sus/2020/PN.Mlg); and how are abuse addicts and drug abuse victims handled? The study methodology employed is normative juridical, which examines judicial rulings, statutes and regulations. The study's findings, analysis, and conclusions. There are discrepancies in the way judges imposed legislation when compared to the two verdicts in the drug case. If you look at the ratio decidendi of the punishment, it is obvious that the judges who tried the case were inconsistent in their assessments of the defendant's degree of behavior in light of the various grounds they used to reach their judgment.
RATIO DECIDENDI PUTUSAN HAKIM YANG BERBEDA DARI KASUS SEJENIS DALAM DELIK NARKOTIKA Satrya Manulung Bansage Immanuel Paparang; Dian Adriawan Daeng Tawang
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15134

Abstract

The legal proposition, which is a predicate that comprises the consideration of the judge making a legal decision on the case being tried, say the case of drug use, contains the ratio decidendi of the court's decision. The way the issue is phrased is how are different judge decisions on the ratio determined (Decision of the South Jakarta District Court No.968/Pid.Sus/2020/PN.Jkt.Sel and Decision of the Malang District Court No.28/Pid.Sus/2020/PN.Mlg); and how are abuse addicts and drug abuse victims handled? The study methodology employed is normative juridical, which examines judicial rulings, statutes and regulations. The study's findings, analysis, and conclusions. There are discrepancies in the way judges imposed legislation when compared to the two verdicts in the drug case. If you look at the ratio decidendi of the punishment, it is obvious that the judges who tried the case were inconsistent in their assessments of the defendant's degree of behavior in light of the various grounds they used to reach their judgment.
Co-Authors Dian Adriawan Daeng Tawang