DASAR PERTIMBANGAN HAKIM DALAM PENJATUHAN PUTUSAN PIDANA TERHADAP KORBAN TINDAK PIDANA NARKOTIKA

HUTABARAT, AGUS VICTOR SANJAYA (2012) DASAR PERTIMBANGAN HAKIM DALAM PENJATUHAN PUTUSAN PIDANA TERHADAP KORBAN TINDAK PIDANA NARKOTIKA. S1 thesis, UAJY.

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Abstract

The study about the judge consideration in deciding the criminal adjudication concerning the narcotics injustice victim is aimed to find out and to examine the consideration which constitutes the judge in deciding the criminal adjudication concerning the narcotics injustice victim. This study is an empirical law study, by conducting field research to obtain the primary data and examine the literature to obtain the secondary data. Since it is an empirical law study the analysis method used is the qualitative which is focus on the substantive using reasoning process, in drawing the conclusions using deductive method, on the base of major premise proposing in the form of law regulation and then the minor premise proposing that is the fact of the law, from both of them then conclusions were drawn. The results of this research are: the re-arrangement of the dope addict and narcotics injustice victims placing have been clearly stated as in Chapter IX Section 54, Article 55 up to Section 59 Act Number 35 Year 2009 concerning narcotics. Further the stipulation in the Chapter IX is more detailed in Government Regulation Number 25 Year 2011 (RI State Documents Number 5211) which is regulated in Section 13 and 14. Based on Section 103 Number 35 Year 2009 and Section 13 article (2) Government Regulation Number 25 Year 2011 state that to conduct the social and medical rehabilitation can only being conducted based on: (a) the adjudication for the addict which is proven to be guilty doing narcotics injustice and (b) the adjudication for the narcotics addict which is not proven to be guilty and those who are still in the investigation or prosecution process. The next is Section 13 article (3) stated that the Narcotics addict which is in the justice process can be placed in either the medical or social rehabilitation institution. The stipulation of Section 13 article (4) gives the authority to the Investigator, Public Prosecutor, and The Judge to place the suspect and the accused during the justice process in the either the medical or social rehabilitation institution and in order to be compatible with the stipulation in Section 13 article (2), thus implementation of the investigator and public prosecutor authority is a recommendation and at once strengthen the Doctor Team recommendation for the placement of Adjudication concerning the placing in the medical or social rehabilitation institution and further being enclosed and become a part of case documents. The Act Number 35 Year 2009 and Government Regulation Number 25 Year 2011 has given a very central position to the judge, especially related with the placement in the medical and social rehabilitation institution since the investigation, prosecution up to the inspection in the court to be formed into a Stipulation form.

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