PEMIDANAAN TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 DI KOTA YOGYAKARTA
The purpose of the implementation of this study was to know the considerations taken by the public prosecutor in the prosecution of the drug criminals,considerations taken by the judge to reach a verdict for the drug criminals,and the constraints faced by the Public Prosecutor and the Judge in prose...
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| Main Authors: | , |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2013
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| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/123616/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=63729 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | The purpose of the implementation of this study was to know the
considerations taken by the public prosecutor in the prosecution of the drug
criminals,considerations taken by the judge to reach a verdict for the drug
criminals,and the constraints faced by the Public Prosecutor and the Judge in
prosecuting and judging the drug criminals.
This research is a normative-juridical sociological. Normative legal
research is a process to find the rules of law, principles of law, and legal doctrines
to address legal issues being faced.This normative legal research was conducted
with the intent to provide legal arguments as a basis for deciding whether
something is right or wrong, and how the event should be according to the law.In
Juridical sociological, researchers examined what happened behind what seen on
the application of the legislation.
The results showed that the public prosecutor and the judge will take a few
considerations that can be weighed against the defendant and some things that can
relieve the defendant.Besides, there are possibilities of obstacles found in a drug
abuse trial such as drug evidence does not exist, witnesses who know directly of
the narcotic crime do not exist, Expired Tempus Delictinya(relating to urine tests),
breaking the criminal chain of narcotics network .Prosecutors and judges should
always refer to the regulations and direction from each institution head, such as
JAMPIDUM R-78/E/Ep.2/01/2011 dated on January 27, 2011 and R-
374/E/Ep.2/05/2011 dated on May 10, 2011 about a lawsuit benchmarks for
narcotics prosecutor, SEMA No. 4 year 2010 for judges in handling narcotics
cases on the Placement of Abuse, Abusers and Addicts to the
RehabilitationInstitute forMedicalandSocialRehabilitation. |
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