MANURUNG, IRWAN MIDIAN (2013) DASAR PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA MATI TERHADAP PELAKU TINDAK PIDANA NARKOTIKA. Jurnal Ilmu Hukum. pp. 1-14.
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Abstract
This legal writing titled “The Judge Consideration Principle in Pronouncing Death Sentence Towards Narcotics Criminal Actors” aimed to obtain data on dead sentence due to narcotics criminal acts and to know what principles used by the judges to pronounce dead sentence towards narcotics criminal actors and whether dead sentence pronounced by the judges to narcotics criminal actors had been suitable. This was a normative law research by observing literature material that was a secondary data. Data source used in this research was secondary data sourced from primary and secondary law materials. Data collection method was by literature study and interview. Data analysis method was qualitative conducted by comprehending, composing or examining data that was collected systematically. Even though narcotics was useful and necessary to treatment and health service, however, if misused or it was not used as treatment standard, or even narcotics was distributed in dark market would cause disadvantageous result both individually as well as collectively, especially for the young people. Therefore, violation on narcotics regulations could be threatened by highest and heaviest criminal acts and was possibly condemned maximally i.e. death sentence besides prison criminal and penalty criminal. The principles used by the judges to pronounce the dead sentence towards narcotics criminal actors was due to legislation threatened death sentence in some articles and dead sentence was considered as one way to cut dark narcotics distribution chain. Dead sentence to the narcotics criminal actors only met community protection aspect and it has not met individual protection aspect.
Item Type: | Article |
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Uncontrolled Keywords: | Consideration basic of the judge, death penalty, narcotic crime |
Subjects: | Ilmu Hukum > Peradilan dan Penyelesaian Sengketa Hukum |
Divisions: | Fakultas Hukum > Program Studi Ilmu Hukum |
Depositing User: | Editor UAJY |
Date Deposited: | 24 Mar 2014 11:24 |
Last Modified: | 24 Mar 2014 11:24 |
URI: | http://e-journal.uajy.ac.id/id/eprint/4962 |
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