LEGALITAS : Jurnal Ilmiah Ilmu Hukum
Vol 8, No 2 (2023)

Pertimbangan Hakim Terhadap Putusan Pelaku Tindak Pidana Narkotika (Studi Putusan No 359/Pid.Sus/2021/PN Ktp)

Pijar Putra Pratama (Sultan Ageng Tirtayasa University)



Article Info

Publish Date
11 Dec 2023

Abstract

This writing aims to find out about the judge's consideration of narcotics offenders (study of decision No. 359/Pid.Sus/2021/PN Ktp) and to find out about the purpose of punishment for narcotics offenders. The research method is normative juridical with data analysis through a qualitative approach, using secondary data sources consisting of three parts, namely primary, secondary, and tertiary legal materials, with literature study data collection techniques. According to the results of the research and the judge's consideration in Ketapang Court Decision No. 359/Pid.Sus/2021/PN Ktp, the judge gave a lenient sanction of imprisonment for 2 years against the drug recidivist without considering the evidence owned by the defendant, and the judge did not consider the aggravating circumstances, so that the judge's decision was considered not to provide justice and benefits for both the defendant and the community and did not achieve the objectives of punishment.

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Journal Info

Abbrev

LG

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Legalitas: Jurnal Ilmiah Ilmu Hukum is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in goverment regulation, particularly in developing and emerging countries. These may include but are not limited to various fields ...