Pertimbangan Hakim dalam Menjatuhkan Putusan Bebas Terhadap Terdakwa Tindak Pidana Penyalahgunaan Narkotika (Studi Kasus Putusan Nomor 290/Pid.Sus/2019/PN Tng)

Perwira, Syahwara Panji (2023) Pertimbangan Hakim dalam Menjatuhkan Putusan Bebas Terhadap Terdakwa Tindak Pidana Penyalahgunaan Narkotika (Studi Kasus Putusan Nomor 290/Pid.Sus/2019/PN Tng). S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

This legal research entitled The Consideration of Judge in Sentencing Acquittal Toward Defendant of Narcotic Crime (Case Study of Verdict Number 290/Pid.Sus./ 2019/PNTng. The problem studied by the author is the study toward acquittal in Verdict Number 290/Pid.Sus/2010/PNTng of which according to the author is not proper/inappropriate related to the legal excuse in criminal law. The purpose of this research is to comprehend and analyze the appropriateness of consideration of the judge in sentencing acquittal in Verdict of State Court of Tangerang Number 290/Pid.Sus/PNTng related to legal excuse in criminal law. This research has been written using normative method by case approach i.e. conducting analysis towards consideration of the judge in sentencing acquittal. Method of data collection in this research was literature review of which conducted in studying and examining primary and secondary legal sources. The result of this legal research is consideration of judge in sentencing acquittal is not appropriate by reason those accused by General Attorney has been confidentially proven and considering the condition of the defendant who has mental retardation or mental defective disorder. Meanwhile concerning to the mental condition of the defendant thus the appropriate decision is Free Verdict.

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