Regulation and Application of Criminal Sanctions on Narcotics Abuse (Study Decision Number 230/Pid.Sus/2018/PN.SMG)

Abstract

Abuse of narcotics and illegal drugs has become transnational in nature and is carried out with high modus operandi and sophisticated technology. Law enforcement officials are expected to be able to prevent and overcome these crimes in order to improve morality and the quality of human resources in Indonesia, especially for the nation's next generation. If these narcotics are used without careful restrictions and supervision, they can endanger the health and even the life of the user. This thesis aims to examine and analyze: First, how criminal sanctions are regulated and implemented against perpetrators of narcotics abuse in Indonesia. Second, how to apply prison sentences to perpetrators of narcotics abuse (decision no. 230/Pid.Sus/2018/PN.SMG). The approach method used in this research is a normative juridical approach. The research specifications used are normative descriptive, primary and secondary data sources and use qualitative analysis. This writing analyzes the problems analyzed using the theory of legal certainty and the theory of punishment. Based on the results of research on the regulation and implementation of criminal sanctions against perpetrators of narcotics abuse in Indonesia, the enactment of Law Number 35 of 2009 concerning Narcotics has an increasing trend. This law uses a criminal approach to monitor and prevent narcotics abuse. This is supported by the granting of great authority to law enforcement officers who are metaphorically an institution with the authority to raise awareness among the public, carry out inquiries, investigations and prosecutions in narcotics crimes. Drug law enforcement in Indonesia as the organizer of state life, the government always provides the protection and welfare of its people. Through various policies, including how to tackle drug trafficking in Indonesia. Illegal trafficking and abuse of narcotics are included in criminal law. Application of Prison Sentences to Narcotics Abuse Perpetrators in Decision No. 230/Pid.Sus/2018/PN.Smg is a criminal act of abusing class I narcotics for oneself. In this decision the judge assessed that the defendant had fulfilled the elements of the act as stated in article 127 paragraph (1) part a, namely that self-abuse of class I narcotics is punishable by a maximum imprisonment of 4 (four) years and payment of court costs of Rp. 2,500,- (two thousand five hundred rupiah).