PENGEGAKAN HUKUM PIDANA TERHDAP PELAKU TINDAK PIDANA PENYALAGUNAAN NARKOTIKA

Abstract

The purpose of this study is to examine and know many things about how to
prove or repair a case, especially in the khasus being studied, namely the criminal
act of drug abuse in the surakarta district court, case study Number.53 / Pid.Sus /
2020 / PN Skt. And review and also know what the judge considers before making
a verdict on the perpetrator of the criminal act of drug abuse specifically in the case
in decision No.53 / Pid. Sus/2020/PN Skt.
Deciding a case is certainly one of the obligations of a Judge. Regarding
deciding cases, judges certainly have freedom because in the 1945 Constitution of
the Republic of Indonesia in the explanation of Article 24 and Article 25, judges
are guaranteed constitutionally their position. Narcotics are substances or drugs that
are natural, synthetic, or semi-synthetic that cause the effects of loss of
consciousness, hallucinations, and excitatory power. The method in this study is
normative juridical where the basis used is an existing law, this research is
descriptive where the research is intended to provide as accurate data as possible
about humans, circumstances or hypotheses in order to help strengthen old theories
or the use of new theories. The type of data used in this study is to use primary data
and secondary data.
The results showed that the defendant SHINTIA AJENG RIMAWAN Alias
SINTA BINTA KUSYANTO on Wednesday, January 1, 2020, around January 1,
2020, at around 23:00 WIB or at least still in 2020, was located at intersection four
located at Kp. Banyuanyar Rt. 004 Rw. 008 Banyuanyar Kel. Banyuanyar kec.
Banjarsari city of Surakarta or at least in a place that is still included in the legal
area of the Surakarta district court, has made an attempt or malicious manufacture
to commit a criminal act of nerkotika and narcotics percussor, without the right or
unlawful offer to sell, sell, buy, intermediary in buying and selling, exchanging,
handing over, or receiving class I narcotics in the form of non-plants weighing more
than 5 (five) grams, because the defendant tried or made evil to commit a criminal
act of drug abuse, the defendant was sentenced to imprisonment for 11 years and a
fine of Rp. 1,000,000,000.,( one billion rupiah) subsidiary 2 (two) months minus
the period of trapping and detention.
Keywords: judge considerations, criminal convictions, criminal acts of drug abuse,
proof of criminal acts of drug abuse.