Legal Analysis of the Application of Criminal Sentences Below the Minimum in Cases of Narcotic Crimes

Abstract

Abstract. This study aims to determine and analyze judges in giving criminal sentences below the minimum in narcotics crime cases (Case Study at the Klaten District Court) and to determine and analyze the obstacles of judges in giving criminal sentences below the minimum in narcotics crime cases and their solutions (Case Study at the Klaten District Court). This study uses a sociological juridical method with analytical descriptive specifications. Primary data were obtained directly through interviews and analyzed using legal theory. The results of this study Criminal sentences below the minimum in narcotics crime cases (Case Study at the Klaten District Court). In narcotics crime cases, judges have the authority to make decisions based on the provisions of the law, but in the case of the Klaten District Court, the judge sentenced them below the minimum sentence regulated in Article 112 of Law No. 35 of 2009. Although the judge used the consideration of the Supreme Court Circular (SEMA) to deviate from these provisions, this is contrary to the principle of legal certainty and the principle of legality. Therefore, consistency is needed in the application of punishment according to existing provisions in order to provide a sense of justice and legal certainty for the community, as well as a deterrent effect on perpetrators of criminal acts. obstacles for judges in giving criminal sentences below the minimum in narcotics crime cases and their solutions (Case Study at the Klaten District Court). Obstacles in giving criminal sentences below the minimum in narcotics cases include limited rehabilitation facilities, lack of comprehensive psychological assessments, implementation of the Supreme Court Circular (SEMA) which deviates from legal provisions, and uncertainty in law enforcement. Solutions that can be applied are improving rehabilitation facilities, introducing systematic psychological assessments, prioritizing legal certainty by reducing dependence on SEMA, and balancing the objectives of rehabilitation with punishment. Implementation of this solution will strengthen fair law enforcement and focus on the recovery of victims of drug abuse.

Keywords: Analysis; Crime; Juridical; Narcotics.