ANALISIS YURIDIS PENJATUHAN PIDANA DI BAWAH BATAS MINIMUM DALAM TINDAK PIDANA NARKOTIKA (Studi Putusan Nomor 260/Pid.Sus/2020/PN Smn)

Naily Qomariyyah, NIM.: 17103040070 (2021) ANALISIS YURIDIS PENJATUHAN PIDANA DI BAWAH BATAS MINIMUM DALAM TINDAK PIDANA NARKOTIKA (Studi Putusan Nomor 260/Pid.Sus/2020/PN Smn). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Narcotics crime is one of the extraordinary crimes (extraordinary crime) which is specifically regulated in a separate law, namely Law Number 35 of 2009 concerning Narcotics. Narcotics crime can have a very bad impact on the survival of the nation and the state, so the government makes rules with the implementation of severe criminal sanction in order to eradicate narcotics crimes. However, in practice, often criminal decisions handed down to defendants are lighter than the minimum provisions that have been regulated in the law. This study analyzes Decision Number 260/Pid.Sus/2020/PN. SMN regarding acts without rights and against the law as intermediaries in the sale and purchase of narcotics, in terms of Formal Aspects, Material Aspects, Aspects of Decision Making, and Legal Reasioning Aspects. This type of research is library research. This research is descriptiveanalytic. The approach in this study uses a judicial-normative approach. The data in this study was strengthened by the result of interviews with the judges of the Sleman District Court. The result of the research on Decision Number 260/Pid.Sus/2020/PN. Smn concludes several things: first, from the formal aspect, the decision has fulfilled all the aspect that must be included in the decision and is supported by valid evidence. Second, in terms of the material aspect, the judge was right in choosing the article that was in accordance with the defendant’s actions. Third, in terms of the judgement aspect, the sentence handed down by the Panel of Judges is not in line with the background of the formation of the Narcotics Law which wants to provide a deterrent effect to narcotics criminals. Fourth, in term of legal reasoning aspect, the judge did not show a logical coherence because in his judgement the judge stated that the defendant violated Article 114 paragraph (2) of the Narccotics Law, which carries a minimu sentence of 6 years in prison, but in the judge’s decision only sentenced him to 5 years and 6 months in prison. Which means it is much lighter in the threat of punishment the has been determined in the law.

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