KAJIAN PERTIMBANGAN HAKIM DALAM MEMUTUS PERKARA PEREDARAN GELAP NARKOTIKA (Studi Kasus Putusan Pengadilan Nomor: 890/Pid.Sus/2023/PN Sby)

Lazira, Berkat Lina (2023) KAJIAN PERTIMBANGAN HAKIM DALAM MEMUTUS PERKARA PEREDARAN GELAP NARKOTIKA (Studi Kasus Putusan Pengadilan Nomor: 890/Pid.Sus/2023/PN Sby). S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Handling illicit drug trafficking in Indonesia is important in law enforcement in the field of narcotics. Unfortunately, these efforts face various challenges, one of which is related to the Criminal Procedure Law in illicit drug trafficking. This research aims to identify and analyse the judge's assessment of the submission of evidence by the public prosecutor in the case of illicit drug trafficking and to identify and analyse how the process of proving Decision Number: 890/Pid.Sus/2023/PN Sby is in accordance with the provisions of proof in the Criminal Procedure Law. This research method is normative juridical. The analysis is conducted qualitatively to draw conclusions with a deductive mindset. The results show that the judge's judgement in this decision was erroneous because the element that was fulfilled, based on the evidence at trial, was "storing or providing". In contrast to the judge's verdict, which stated that the element fulfilled was "possession or control". In addition, there were oddities in the selection of witnesses such as verbalisan witnesses who were called without clear reasons and not calling a person by the name of Yuli who had an important role in this case according to the testimony of witnesses and the defendant.

Item Type: Thesis (S1)
Uncontrolled Keywords: judge's consideration, narcotics, evidence, storing or providing, possessing or controlling.
Subjects: Ilmu Hukum > Peradilan dan Penyelesaian Sengketa Hukum
Divisions: Fakultas Hukum > Program Studi Ilmu Hukum
Depositing User: Editor 2 uajy
Date Deposited: 26 Feb 2024 15:28
Last Modified: 26 Feb 2024 15:28
URI: http://e-journal.uajy.ac.id/id/eprint/31194

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