PENERAPAN SANKSI PIDANA SECARA KUMULATIF TERHADAP PENYALAHGUNAAN PSIKOTROPIKA

Wijaya, Made Harta (2009) PENERAPAN SANKSI PIDANA SECARA KUMULATIF TERHADAP PENYALAHGUNAAN PSIKOTROPIKA. S1 thesis, UAJY.

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Abstract

In explanation of Section 10 Criminal Law expressed that crime there are two kinds, namely: Fundamental Crime and Supplymentary Crime. For one badness or collision shall only be dropped one fundamental crimes. Cumulation (double encumbering) fundamental crime multiple is not allowed. However in economics crime (Emergency Decree No. 7/1955) and subversion crime (penpres Nol1/1963). Cumulation penal sanction can be dropped, namely body crime and penalty fine crime. Starting from rule in explanation of Section 10 the Criminal Law is upper, hence Law No. 5 The year 1997 about Psikotropika as one of legislation of special crime is outside codification can apply criminal sanction cumulatively. Told that way because sections in Chapter XIV UU No. 5 The year 1997 about Psikotropika related to rule of Pidana loads criminal sanction threat cumulatively. Psychotropical abuse is psychotropical usage outside medical need, without observation of medical doctor and is deed impinges law (Number 5, The year 1997, about Psikotropika). In explanation of Section 10 Criminal Law expressed that penalization there are two kinds, namely: Fundamental Penalization and Extra punishment. For one badness or collision shall only be dropped one fundamental penalizations. Besides specifying fundamental crime, Number 5 The year 1997 about Psikotropika also arranges addition crime. Not all arsonists in psychotropical area can be fallen addition crime, because the crime only addressed to corporation and foreigner. From some result of researchs to some District court decisions that is in verdict Number: 169./Pid.B/2008/PN.YK applying of criminal sanction cumulatively in the form of imprisonment during 10 (ten) month. Besides also punishs defendant to pay for penalty fine equal to Rp.2.000.000, (two million rupiahs). Specifies, if penalty fine is not paid, replaceable with imprisonment during 2 (two) month, and burdens defendant to pay for expense of case equal to Rp2000; (two thousands rupiahs). While, in verdict Number: 32/PldB/2007/PN Yk applying of criminal sanction cumulatively in the form of imprisonment during 10 (ten) month of from penalty fine Rp. 2.000.000,00. (two millions rupiahs). Contends that if the penalty fine crime not paid hence changed with coop crime during 1 (one) month and burdens expense of case to defendant Rp. 1000,00 (a thousand rupiahs). In verdict Number : 36/PidB/2006/PN YK applying of criminal sanction cumulatively in the form of imprisonment during 1 (one) year 7 ( seven) month and penalty fine equal to Rp.5.000.000, (rupiah five millions) Subsidair 2 ( two) month of coop. Commands evidence goods in the form of 1 (one) clip plastic bale contains shabu-shabu hijacked to be annihilated and encumbers defendant pays for expense of case Rp 1000 (a thousand rupiahs)

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