Analisis Yuridis terhadap Putusan Mahkamah Agung Mengenai Hukuman Penjara terhadap Kejahatan Narkotika (Studi Kasus Hanky Gunawan Perkara No 39/Pk/Pid.Sus/2011)

Abstract

Cases of narcotics criminals in Indonesia especially convicted of narcotics cases Hanky Gunawan That the Defendant alias hanky together with suwarno and lingso direjo at the end of 2005 and early 2006 has been proven to circulate class I Psychotropic as the provisions of Article 12 paragraph (3) and Psychotropika class I done By the Defendant. The defendant was sentenced to death on appeal but on review level the defendant was sentenced to 15 years in prison on judge's consideration with human rights. At the Judicial Review level, Supreme Court Justices who annulled the death sentence of a convicted person who was replaced by a 15 years imprisonment was considered unfair. This is not in accordance with the conduct of convicted persons especially after reading the judges' consideration that capital punishment is contrary to human rights and violates the constitution as contained in Article 28 paragraph 1 of the 1945 Constitution and Article 4 of Law no. 39 of 1999. In this case, the imposition of capital punishment is not contradictory to the 1995 constitutum. Therefore, the decisition of the judge must be corrected or canceled in the verdict there is an oversight or a mistake and the public prosecutor as the prosecution must be dissatisfied with the judge's decision by making a judicial review effort. In the current reality of legal effort is the way or path taken by the parties concerned to fight for their interests in order to get what.