ANALYSIS OF JUDGE'S CONSIDERATIONS IN CRIMINAL SENTENCES FOR CLASS 1 DRUG ABUSE FOR SELF (Case Study of Labuan Bajo District Court Decision Number 28/Pid.Sus/2023/Pn Lbj)

Abstract

The research findings indicate that judges overlook the facts revealed during the trial when deciding cases of self-use of Class 1 narcotics, failing to consider the provisions in Supreme Court Circular Letter Number 1 of 2017, particularly in the criminal chamber formulation letter (b). This research emphasizes the importance for judges to explore other legal sources, such as the Supreme Court Circular Letter Number 1 of 2017, previous rulings, and expert doctrines, in delivering verdicts against perpetrators of self-use narcotics offenses. If the judge does not consider these legal sources, the resulting verdict may lead to defects in the imposition of punishment. The conclusion of this study is that the judge's considerations in sentencing Defendant I Sarjan alias Jek and Defendant II Abdul Jalani alias Buce did not comply with the provisions of the Supreme Court Circular Letter Number 1 of 2017. In its decision, the judge did not use the Supreme Court Circular as a consideration, which resulted in the decision in case number 28/Pid.sus/2023/PN Lbj not being in accordance with the provisions. Based on research and discussion, the author concludes that if the judge does not use the Supreme Court Circular Letter Number 1 of 2017 as a consideration, it may result in defects in the imposition of narcotics abuse penalties, and the decision.