IMPLEMENTASI TEORI PEMIDANAAN DALAM PUTUSAN PERKARA PSIKOTROPIKA OLEH HAKIM DI PENGADILAN NEGERI YOGYAKARTA

TARIGAN, ANDIKA PAPIANTA (2009) IMPLEMENTASI TEORI PEMIDANAAN DALAM PUTUSAN PERKARA PSIKOTROPIKA OLEH HAKIM DI PENGADILAN NEGERI YOGYAKARTA. S1 thesis, UAJY.

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Abstract

Psychotropic drugs is a disease that is very dangerous for the society. Abuse of psychotropic drugs at the time was now extended to all areas of the country and the whole society. Therefore, it needs participation from all parties to overcome. In this case the court as one of the authorized institution in terms of criminal sanctions to the perpetrators of the abuse of psychotropic drugs has an important role in tackling abuse of psychotropic drugs such problems. Judges also have an important role in a decision against a defendant psychotropic case. Through the imposition of criminal nail on the head, is expected to award the Judge, in addition to prosecuting the perpetrators, as well as efforts to create deterrence of the perpetrators and also an attempt to prevent other parties not to abuse psychotropic drugs do. But the imposition of such decisions should be based on theories of the existing criminal prosecution. The theory of criminal prosecution is very important in terms of the imposition of a decision by the judge because it involves the rights of individuals (humans) and a sense of justice. Based on this, the problems in this paper is whether the state court verdict in the case of Yogyakarta psychotropic already reflect and apply the theory of criminal prosecution. The purpose of this research is to determine and assess whether the state court verdict reflects Yogyakarta's criminal prosecution and apply the theory. In this case, the author uses research methods that focus on the normative legal norms (law in books) that require secondary data as the primary data and primary data as supporting data. In this case, the authors conduct a study of court decisions regarding psychotropic case. After the data are collected, analyzed using qualitative methods by analysis using qualitative measures. Based on the results of this study, it can be concluded that the state court verdict in the case of psychotropic Yogyakarta has to reflect and apply the theory of criminal prosecution, the criminal prosecution theory of retribution and rehabilitation.

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