ANALISIS PUTUSAN HAKIM TERKAIT PENJATUHAN PUTUSAN TINDAK PIDANA NARKOTIKA DI BAWAH BATAS MINIMUM (Studi Putusan Nomor:20/Pid.Sus/2020/Pn.Mgg)

NENG RANIA NURFAIZA AZZACHRA, NIM. 17103040104 (2021) ANALISIS PUTUSAN HAKIM TERKAIT PENJATUHAN PUTUSAN TINDAK PIDANA NARKOTIKA DI BAWAH BATAS MINIMUM (Studi Putusan Nomor:20/Pid.Sus/2020/Pn.Mgg). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Narcotics abuse is one of the special crimes which is regulated in a separate law, namely Law Number 35 of 2009 concerning narcotics. However, in practice judges in deciding some sanctions are lighter than those stipulated in Law Number 35 of 2009 concerning Narcotics, including Decision Number:20/Pid.Sus/2020/Pn.Mgg, therefore it is necessary to look into the this decision,shether it is in accordance with the aspects that must exist in every decision which is reviewed from the Formal Aspect, Material Aspect, Aspect of Decision Making and Legal Reasoning Aspect. This type of research is a library research. This research is descriptive- analytics. The approach in this study uses judicial-normative. The data of this study are complemented by the results of interviews with judges at the Magelang District Court, and Prosecutors at the Magelang District Attorney‟s Office. The results of the research on Decision Number: 20/Pid.Sus/2020/Pn.Mgg, concluded that, first from a formal aspect, the decision has fulfilled all aspects that must be included in the decision supported by valid evidence. Second, in terms of the material aspect, the judge considers the description of the evidence for the elements of the article being charged with considering the existing legal facts. Third, in terms of the Judgment Aspect, the senteces handed down by the judge has fulfilled the judge‟s consideration as the legal basis for making a decision, but the decision on criminal sanctions below the minimum limit will cause criminal disparities, injustice and legal uncertainty. Fourth, which is viewed from the legal Reasoning Aspect in this aspect does not show the logical reasoning of the judge, because in consideration, the defendant is proven to have violated Chapter 112 paragraph (1) of Law Number 35 of 2009 concerning Narcotics, which carries a minimum prison sentence of 4 (four) years, but the judge sentenced him to imprisonment of 1 (one) year and 6 (six) months, so that the verdict was much in lighter in the threat stipulated by Law Number 35 of 2009 concerning Narcotics.

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