ANALISIS PUTUSAN HAKIM DALAM PERKARA PELAKU TINDAK PIDANA NARKOTIKA JENIS TEMBAKAU SINTETIS

(Studi Kasus di Pengadilan Negeri Purwodadi)

Abstract

The authority and independence of judges in criminal decisions as stipulated in the law cannot be separated from the professionalism and position of judges as law enforcers, therefore criminal justice processes and judge decisions in determining criminal sanctions must be based on the principles of legal certainty, justice. law and legal benefits.

The objective of this thesis is to provide an analysis of judges' decisions in cases of narcotics offenders so that the elements of subjectivity and objectivity of judges in decisions and the application of criminal sanctions can reflect legal ideals and a sense of justice in society, especially in narcotics abusers.

The judge or panel of judges in examining and deciding on two cases of criminal acts of narcotics abuse cannot be separated from the side of legal certainty, legal benefit and legal justice. In terms of legal certainty, the Panel of Judges stated that someone who commits an illegal act legally and convincingly must receive a sanction. In terms of legal benefits, the Panel of Judges has decided on sanctions that are specific preventive and general preventive.

Keywords: Judge's Decision, Narcotics Crime