Reformulasi Pasal 111, Pasal 112 Dan Pasal 127 Ayat (1) Huruf A Undang-undang Nomor 35 Tahun 2009 Tentang Narkotika Dalam Memberikan Kepastian Hukum Di Indonesia

Parulian, Yudha (2021) Reformulasi Pasal 111, Pasal 112 Dan Pasal 127 Ayat (1) Huruf A Undang-undang Nomor 35 Tahun 2009 Tentang Narkotika Dalam Memberikan Kepastian Hukum Di Indonesia. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Narcotics are for certain uses and the increase in illegal drugs is growing rapidly and no longer for health. In Law No. 35 of 2009 concerning Narcotics, there are many articles that have different translations, giving rise to legal vulnerabilities in their application. Among them are Article 111, Article 112 and Article 127 paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics. The ambiguity of this understanding will bring law enforcement and drug offenders (traders/traffickers) to take advantage of it as if they have committed a criminal offense but are camouflaged as if they are victims of abusers. Pid.Sus/2018/PN.Pbr, for this situation he is not guilty of being a victim of narcotics abuser but the Panel of Judges in its pioneering role as Mastering Narcotics as stated in Article 112 paragraph 1 of Law Number 35 of 2009 concerning Narcotics. Meanwhile, in the decision Number 798/Pid.Sus/2018/PN.Pbr For this situation as a dealer but in the verdict as a victim of narcotics according to Article 127 paragraph 1 letter a of Law No. Law Number 35 of 2009 concerning Narcotics. The main formulation in this research is multi-interpretation which moves the thought for how to reformulate Article 111, Article 112 and Article 127 paragraph 1 letter a of Law Number 35 of 2009 concerning Narcotics in providing legal certainty in Indonesia and how to form sanctions as an alternative that can be used. in the Narcotics Violation Reform provides legal certainty for Indonesia. This research method is normative in nature and type, specifically describing the reformulation of Article 111, Article 112 and Article 127 paragraph 1 letter a of Law Number 35 of 2009 concerning Narcotics in Indonesia. In order to provide legal certainty in Indonesia, there must be data and data sources from legal materials, namely in primary, secondary and tertiary forms Related to Article 111 Article 112 of Law Number 35 of 2009 concerning Narcotics, it is necessary to amend in the editorial by adding the meaning of adding to the meaning of possessing, storing, controlling which must be interpreted as possessing, storing, or controlling. Used for others in the editorial. The form of sanctions that can be used as an approval of choice in changing narcotics criminal offenses in providing legal certainty in Indonesia, a sign of reformulation in future violations is to place victims of narcotics abusers for themselves as individuals who need rehabilitation. ) so that he can create himself for a better state.

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