PENERAPAN PIDANA DENDA DALAM PERKARA TINDAK PIDANA NARKOTIKA ( Studi Putusan Nomor 242/Pid.sus/2021/PN Kln)

Sukma, Noviantika Melati (2022) PENERAPAN PIDANA DENDA DALAM PERKARA TINDAK PIDANA NARKOTIKA ( Studi Putusan Nomor 242/Pid.sus/2021/PN Kln). S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

Illegal drugs, especially narcotics, are a transnational crime and need serious handling because they may affect generation to generation. There are many penalties regulated in Undang-Undang No. 35 Tahun 2009, and one of those is fines. This legal research aims to determine judges' considerations in imposing significant decisions regarding penalties in narcotics crime cases. This research is normative legal research using statutory and case approaches. The legal sources used in this research are literature studies and interviews. Based on the results of the study, the judge's considerations in imposing a fine penalty decision other than complying with the provisions of the law concerned also look at the defendant's background. The amount of the fine is to give a deterrent effect to the perpetrators of narcotics crimes. Still, in reality, it is rare for defendants who are sentenced to pay fines to pay, and they prefer to serve prison sentences as a substitute for fines rather than having to pay a huge fine.

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