Legal Implications of Narcotics Crimes Based on Restorative Justice (Case Study of Case Number 79/Pid.Sus/2023/PN Mgg)

Abstract

Drug abuse is one of the greatest dangers that threatens the younger generation not only in Indonesia but throughout the world. Currently, the government is actively fighting drug abuse. To achieve the expected effectiveness of law enforcement and achieve the eradication of drug trafficking crimes, it is absolutely necessary, including firmness in the application of criminal sanctions for the perpetrators. The purpose of this study is to determine and analyze the application of criminal sanctions regarding Narcotics Crimes and Judges' Considerations in Handing Down Verdicts Against Perpetrators of Narcotics Crimes based on Restorative Justice Values. The approach method used is normative juridical, namely a legal literature study conducted by examining library materials or secondary data only using deductive thinking methods. The writing specifications use descriptive analysis, sources and types of data used are primary and secondary data. The data collection method is by collecting data using secondary data collection methods. The problem is analyzed using Gustav Radbruch's Legal Certainty Theory and Restorative Justice Theory. The Panel of Judges in the decision has applied criminal sanctions to the Defendant R.A.S by referring to Article 127 paragraph (1) letter a of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics. Based on the theory of legal certainty according to Gustav Radbruch, which states that the law must meet the requirements of legal certainty, namely certainty in law and certainty in the application of law, the application of this criminal sanction can be considered as certainty in the application of law. The judge has sentenced the Defendant to 2 years and 4 months in prison, which is a sanction in accordance with applicable legal provisions. Thus, the judge has ensured that the criminal sanctions are applied fairly and in accordance with the provisions of the law, thus fulfilling the requirements of certainty in the application of the law according to Radbruch's theory. Based on the Case Study of Case Number 79/Pid.Sus/2023/PN Mgg, the judge has considered three principles of restorative justice in making a decision. First, restorative justice that focuses on the recovery and improvement of victims, the judge has considered the social and psychological impacts caused by drug crimes on society and direct victims. Second, active participation of victims and parties involved, the judge has ensured that the judicial process involves the active participation of victims and parties involved to achieve fairer and more effective justice. Third, healing and recovery of victims, the judge has imposed a prison sentence of 2 years and 4 months on the defendant, which is considered a sufficient sanction to restore victims and prevent similar crimes in the future.