Analisis pembuktian Pada Putusan Nomor 13/pid.sus/2022/PN Tjk Terkait Narkotika

Analisis Pembuktian Pada Putusan Nomor 13/Pid.Sus/2022/PN Tjk Terkait Narkotika

  • Ismi Latifa Syafatin Salampessy UNESA
  • Dr. Hananto widodo S.H.,M.H UNESA

Abstract

Narcotics are dangerous substances if used continuously in an improper way, therefore the government makes regulations so that the use of narcotics requires permission from the authorities. As in the case that was decided by the Tanjungkarang District Court, namely the case of a narcotics crime committed by Muhammad Sulton (the defendant) through an intermediary, he carried out an evil conspiracy and controlled methamphetamine-type narcotics. However, during the evidentiary process, the prosecutor was unable to produce strong evidence and convince the judge that the defendant had violated Articles 114 and 112 of the Narcotics Law, so the judge dismissed the defendant with an acquittal.

The goal to be achieved is to find out why the judge did not use evidence and find out whether the evidence is in accordance with the facts at trial. This type of research uses normative research, the approach method uses a statutory approach and a case approach.The results of this study are that evidence in the form of mobile phones submitted by the public prosecutor can be used in the trial process and has been regulated in the ITE Law and Personal Data Protection. The legal consequence obtained in Decision Number 13/Pid.Sus/2022/PN Tjk is that there is an acquittal due to imperfect evidence. So the legal remedy that can be used is a review to avoid nebis in idem.

Keywords: Narcotics, Evidence, Evidence and Evidence.

Published
2023-04-17
Section
ART 1
Abstract Views: 54
PDF Downloads: 63