JUDICAL REVIEW OF THE CRIME OF NARCOTICS ABUSE CATEGORY I: (Tinjauan Yuridis Terhadap Tindak Pidana Penyalagunaan Narkotika Golongan I)

Abstract

Abstract This study describes the basis for the application of material criminal law to criminal acts of drug abuse and to determine the judge's consideration in making a decision on case No. 5 / Pid.Sus / 2020 / PN Nla. This research was conducted in the city of Namlea, namely in the Namlea District Court using primary and secondary data methods. Data (interview) directly with the parties concerned. Meanwhile, secondary data collection techniques are carried out by reading documents or regulations and literature books related to the material to be presented in the thesis. After all the data is collected, the data is processed and analyzed qualitatively and then presented descriptively, that is, searching for and collecting data related to the object and the problem under study, then systematically arranging it to get a clear and complete picture, so that an answer is obtained as a conclusion to the problem. researched. Based on the results of research and discussion, it shows that: 1) in Decision No. 5 / Pid.Sus / 2020 / PN Nla, the Public Prosecutor uses the second indictment, namely Article 127 paragraph (1) letter a of the Republic of Indonesia Law No. 35 of 2009 concerning Narcotics the elements in the indictment have been deemed proven by the Public Prosecutor. that is, the acts and elements of the article match each other, and according to the author, the application of material criminal law in this case is not in accordance with the applicable criminal law in Indonesia. 2) in Decree No. 5 / Pid.Sus / 2020 / PN Nla, the author does not agree with the Panel of Judges in implementing Article 127 because the elements are not proven and do not match each other, the Panel of Judges is wrong in making decisions without looking at Articles 54, 55 and 103 of the Republic of Indonesia Constitution No.35 Years 2009 About Narcotics. Thus, in relation to the convictions of the defendants, both criminal sanctions and complementary rehabilitation measures. Keywords: Criminal. Narkotika, Namlea