FOCUS: Journal of Social Studies
Vol 6 No 2 (2025): FOCUS: Jurnal Ilmu Pengetahuan Sosial

Penerapan Teori Pemidanaan terhadap Pelaku Tindak Pidana Tanpa Hak atau Melawan Hukum Memiliki Narkotika Golongan I (Studi Kasus Putusan Pengadilan Negeri Jakarta Selatan Nomor 700/PID.SUS/2023/PN.JKT.SEL)

Bata, Ezekiel (Unknown)
Cahyo, Cahyo (Unknown)



Article Info

Publish Date
01 Aug 2025

Abstract

Category I narcotics are regulated under Law Number 35 of 2009 concerning Narcotics. These substances have a high potential for addiction and pose serious health risks, which is why their use is strictly limited. This study examines the legal enforcement against individuals unlawfully possessing non-plant Category I narcotics weighing more than 5 grams, as well as the legal reasoning behind the Panel of Judges' decision in Case No. 700/Pid.Sus/2023/PN.Jkt.Sel.. The legal provisions applicable in such cases are found in Articles 112(2) and 114(2) of Law No. 35/2009. The penalties include the death penalty, life imprisonment, or imprisonment ranging from 6 to 20 years, along with fines from IDR 1 billion to IDR 10 billion. In this case, the judge concluded that all elements of Article 112(2) had been fulfilled, leading to the defendant being lawfully and convincingly proven guilty as charged in the second alternative indictment. Beyond the legal framework, the judge also considered aggravating and mitigating circumstances. The widespread abuse of narcotics is a complex issue that requires collaboration between the government, law enforcement, society, and families. Consistent preventive, repressive, and rehabilitative measures are key to reducing drug abuse. Education, rehabilitation, and strict law enforcement must go hand in hand to create a society free from the dangers of narcotics.

Copyrights © 2025






Journal Info

Abbrev

focus

Publisher

Subject

Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

FOCUS is a Journal of Social Studies Manuscripts for FOCUS must fall into one of the following categories: 1. Sociology 2. Anthropology 3. Psychology 4. Economy 5. Social Geography 6. Politics 7. History 8. Other Social ...