ANALISIS HUKUM TERHADAP PENERAPAN DAN PEMBUKTIAN PASAL 112 DAN 127 UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA PADA PENGADILAN NEGERI MEUREUDU (STUDI PUTUSAN NOMOR 61/PID.SUS/2019/PN MRN)

Abstrak

Broadly speaking, these countermeasures can be carried out in two ways, namely penal and non-penal. In terms of using penal means, it is none other than using criminal law as its main means, both material criminal law, formal criminal law and the implementation of criminal punishment through the criminal justice system to achieve certain goals. The goal in the short term is resocialization (re-socialization) of criminal offenders, the medium term is to prevent crime and in the long term which is the ultimate goal to achieve social welfare. The research method in writing this thesis uses the Normative Law research method (normative juridical), namely by collecting data by means of library research, with the main study material being secondary data, in the form of statutory regulations, books, and writings related to problems Legal officials do not fully and completely understand the application of the Criminal Article and its elements in Law Number 35 of 2009 concerning Narcotics. The government and law enforcement officials are more focused on enforcement and criminal law policies so they are less focused on preventive measures in dealing with narcotics crimes. Whereas as explained and analyzed the application and proof of Law number 35 of 2009 articles 112 and 127 have a fairly severe prison sentence, namely a minimum of 4 years, and a maximum sentence of 20 years, even the death penalty. Apart from referring to Circulars both in the Internal Police (Kapolri, Kabareskrim), the Attorney General's Office, the Supreme Court and their decisions regarding the handling of cases against narcotics abusers or addicts, with conditions, clear criteria have also been used as a basis for assistance and defense. Article 127, which is Ius Constitutum (positive law), seems to still be Ius Constituendum (the ideal law) in practice