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All Journal NOMOI Law Review Jurnal Kajian Stratejik Ketahanan Nasional Amicus Curiae
Iskandar, Anang
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Religion Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Journal : Amicus Curiae

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PEMBERIAN SANKSI TERHADAP TINDAK PIDANA MEMBELI DAN MENYALAHGUNAKAN NARKOTIKA GOLONGAN I BUKAN TANAMAN: Giving Sanctions Against the Crime of Buying and Misusing Narcotics Group I Non-Plants Furqon, Mohamad Insan; Iskandar, Anang
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19799

Abstract

Sanctions for the crime of narcotics abuse for oneself are mostly carried out by imposing prison sentences as in case number 287/Pid.Sus/2021/PN.Dgl which is subject to criminal sanctions for 2 years. The issues raised are 1) Is the imposition of sanctions against the perpetrators of the crime of buying and abusing Narcotics Group I non-plants in accordance with Article 127 of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics? 2. What is the reason for the Judge not imposing a Rehabilitation Sanction? The method in this study uses a normative legal research type with an analytical descriptive research type. The data used are secondary data obtained through literature studies and then analyzed qualitatively, drawing conclusions using deductive logic. The results of the study showed that the sentence given by the panel of judges to the defendant was inappropriate because it violated the purpose of the Narcotics Law, namely to guarantee arrangements for medical rehabilitation and social rehabilitation for narcotics abusers and addicts as stated in Article 4 letter d Law Number 35 of 2009 , then the judge who decides the case does not pay attention to the provisions referred to in Articles 54, 55 and Article 103. The judge's consideration in imposing a prison sentence solely so that the defendant gets a deterrent effect is contrary to the purpose of the Narcotics Law, namely guaranteeing rehabilitation efforts for abusers and addicts narcotics.
PEMIDANAAN PENGGUNA NARKOTIKA GOLONGAN I BAGI DIRINYA SENDIRI (STUDI PUTUSAN NOMOR 175/PID.SUS/2021/PN.PTI): Punishment Of Class I Narcotics Users For Themselves (Study Decision Number 175/Pid.Sus/2021/Pn.PTI Mukhlis, Ryan Arbi Putra; Iskandar, Anang
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19802

Abstract

- Abuse and illicit trafficking of narcotics in correctional institutions has increased significantly. In 2021 there were 148 cases of narcotics smuggling into correctional institutions. The distribution of narcotics in prisons is known as a correctional institution-based distribution pattern and involves prisoners who are still undergoing the punishment process for narcotics. The main problem in this article is whether judge's decision no. 175/Pid.Sus/2022/PN Pti which imposes prison sentences on perpetrators of criminal acts of abusing narcotics is appropriate based on Law no. 35 of 2009 concerning Narcotics, (2) what were the judge's considerations in decision No. 175/Pid.Sus/2022/PN Pti did not impose a sentence to undergo rehabilitation. The research method used is a normative-descriptive research method, which is collected using secondary data, then analyzed qualitatively, and conclusions drawn deductively. The conclusion of this research is that prison sentences for class I narcotics abusers are inappropriate based on Law no. 35 of 2009 concerning Narcotics (Study Decision Number 175/Pid.Sus/2021/Pn. Pti), and that the Decision of the Panel of Judges Number 175/Pid.Sus/2021/Pn.Pti which imposed a prison sentence of 10 (ten) months has not been precisely with the aim of punishing narcotics abusers
Co-Authors Agus Darmawan, M. Dandi Furqon, Mohamad Insan Hanita, Margaretha Josias Simon Runturambi, Arthur Mirianty, Widiana Muhammad Syaroni Rofii Mukhlis, Ryan Arbi Putra Rahmawati, Fika Dewi