Law Enforcement Against Narcotics Crimes Based on Law Number 35 of 2009 (Study Decision Number 72/PID.SUS/2023/PN.PKL)

Abstract

The problem of narcotics crime has become a problem for nations and peoples in the world that is always discussed. Throughout the world, the problem of narcotics abuse is almost a problem for nations. Narcotics abuse can certainly cause physical damage, mental health, emotions and attitudes in society. The problem of narcotics abuse has threatened society and the nation so that it has become an organized crime on a national and international scale. The problem in this research is to find out how the law is enforced against narcotics crimes in Indonesia according to Law Number 35 of 2009 concerning Narcotics and to analyze the judge's jurisdiction in decision Number 72/Pid.Sus/2023/Pn.Pkl. The research approach used in this research is through a normative juridical approach using secondary data obtained through literature study, then data analysis is carried out using qualitative descriptive analysis. Based on research results, in the context of the Narcotics Law, there are four types of crimes regulated, namely the death penalty, imprisonment, fines and execution. The Narcotics Law applies sanctions in the form of criminal penalties and fines to anyone who produces narcotics, distributes narcotics, stores narcotics and uses narcotics illegally. Examples of sanctions for perpetrators of narcotics crimes are contained in the Narcotics Law in Articles 111, 112, 113, and 127. Then the basis for consideration by the Panel of Judges in giving a decision on the crime of narcotics abuse in Decision Number: 72/PID.SUS/2023/PN.PKL is juridical considerations, namely based on the prosecutor's indictment, the prosecutor's demands and evidence (witness statements, letters, instructions and statements from the defendant), as well as matters that could make the defendant's sentence heavier or lighter, as well as assessing the elements contained in Article 127 Paragraph (1) letter a of the Narcotics Law.