TINJAUAN YURIDIS TERHADAP PENYALAH GUNA NARKOTIKA DALAM PUTUSAN 2394/Pid.Sus/2022/PN Sby

JURIDICAL REVIEW OF NARCOTICS ABUSERS IN DECISION 2394/PID.SUS/2022/PN SBY

Abstract

The crime of narcotics abuse in the Surabaya Court Decision with case number 2394/Pid.Sus/2022/PN Sby was sentenced to prison and violated the third alternative charge, using class I narcotics for oneself without rights. Then in the legal facts in the trial, there was no assessment test and the amount of evidence found was relatively small that allowed the defendant to undergo rehabilitation. Therefore, this study analyzes the decision number 2394/Pid.Sus/2022/PN Sby whether or not it is in accordance with article 127 paragraph (1) of the Narcotics Law and the direct legal consequences if the Panel of Judges does not consider rehabilitation in the decision.

The purpose of this study is to find out whether Decision Number 2394/Pid.Sus/2022/PN Sby is in accordance with article 127 paragraph (1) of the Narcotics Law and the direct legal consequences if the Panel of Judges does not consider rehabilitation in this decision. This research uses a normative juridical research method that examines laws and regulations by analyzing a case that has become a court decision.

The results of this research, namely in Decision Number 2394/Pid.Sus/2022/PN Sby, are not in accordance with article 127 paragraph (1) of the Narcotics Law. The verdict does not provide rehabilitation to the defendant on the grounds of juridical, sociological, and philosophical aspects. Therefore, the Panel of Judges did not pay attention to important facts to cause a sense of injustice for the Judge in making the decision, so that there were direct legal consequences in the decision.