Dasar Pertimbangan Hakim Menjatuhkan Tindak Pidana Narkotika Yang Pidananya Di Bawah Minimum Khusus (Putusan Nomor133/Pid.Sus/2018/PNSlt)

Supadmo, Anggit Mulat and , Hartanto, S.H., M.Hum. (2023) Dasar Pertimbangan Hakim Menjatuhkan Tindak Pidana Narkotika Yang Pidananya Di Bawah Minimum Khusus (Putusan Nomor133/Pid.Sus/2018/PNSlt). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The purpose of this research is to find out the basic considerations of judges in imposing criminal acts under the special minimum whether they are in accordance with the applicable law, knowing the special minimum sentence imposition is in accordance with the purpose of punishment and knowing how to resolve narcotics abuse in the perspective of Islamic law. The approach method used in this study is the normative juridical approach. Research using a normative juridical approach is a legal study of literature based on secondary data with the aim of studying phenomena that occur using legal aspects that have to do with the object of research study. The results of the research obtained are that Decision Number 133/Pid.Sus/2018/PNSlt can result in disparities and failure to achieve legal certainty because judges in dropping cases are far below the provisions for special minimum crimes or Article 112 paragraph (1) of the Law Invite No. 35 of 2009 concerning Narcotics. Special minimum criminal provisions have a negatif side because they often cause a conflict between legal certainty, justice and expediency. The use of the theory of sentencing objectives is important because it will affect the type and weight of the criminal sanction imposed by the judge against the defendant. At the time of the Prophet Muhammad also faced a similar problem, not drugs but khamr or liquor from the feeling of intoxicating wine which resulted in many crimes at that time. The punishment for people who were drunk or intoxicated at that time was far more severe than the current punishment, because the punishment at that time was absolute or certain and could not be bargained for.

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	Narcotics Crime,
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	ANGGIT MULAT SUPADMO
Date Deposited:	03 May 2023 08:49
Last Modified:	03 May 2023 08:49
URI:	http://eprints.ums.ac.id/id/eprint/111390

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