Analisa Terhadap Kedudukan Justice Collaborator Sebagai Terdakwa Dalam Perkara Tindak Pidana narkotika Nomor: 320/Pid.sus/2020/PN.PBR Berdasarkan Sema Nomor: 4 Tahun 2011

Ritonga, Wildan Ambron (2021) Analisa Terhadap Kedudukan Justice Collaborator Sebagai Terdakwa Dalam Perkara Tindak Pidana narkotika Nomor: 320/Pid.sus/2020/PN.PBR Berdasarkan Sema Nomor: 4 Tahun 2011. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT The use of justice collaborator in criminal justice is one form of extraordinary effort that can be used to eradicate organized crime, one of which is the circulation of narcotics. Involving the perpetrator of the crime himself, where the perpetrator is willing to cooperate with law enforcement officials in uncovering the crime of narcotics trafficking. The rules for justice collaborator are contained in SEMA Number: 4 of 2011 Based on the provisions of article 9 letter (c) for assistance to reveal organized crime, the judge can consider, impose a special conditional probation, and / or impose a sentence in the form of the lightest imprisonment among the other defendants. However, in practice, there are still crucial problems in providing rewards for those who have become witnesses of justice collaborators The main formulation in this research is what is the position of justice collaborator as a defendant in a narcotics crime case number: 320/Pid.Sus/2020/ PN.Pbr based on SEMA number: 4 of 2011 and the weakness of justice collaborator as a defendant in a narcotics crime case number: 320/Pid.Sus/2020/PN.Pbr based on SEMA number: 4 of 2011 This research method, the type and nature of the research is observational research, is descriptive in nature, provides an explanation through a study of applicable legal provisions and what happens in the reality of society. Empirical research uses legal materials consisting of primary data, namely data obtained directly from sources in the field and secondary data, namely data obtained from library materials which are divided into primary legal materials, secondary legal materials. This research was conducted at the Pekanbaru District Court from the respondents, namely from the Chairman of the Panel of Judges who decided the case number: 320/Pid.Sus/2020/PN.Pbr The position of justice collaborator has indeed been regulated in SEMA Number 4 of 2011 but in imposing criminal sanctions, the panel has its own view by not giving lighter criminal sanctions to the defendant. This is because the panel of judges hopes that the decision will provide a deterrent effect, considering the value of justice and public opinion, criminal sanctions are expected to educate, the nature of formal and material crimes must be applied, showing the ability of law enforcement officials to enforce the law. The weakness of justice collaborator based on SEMA Number 4 of 2011 only binds law enforcement officers under the control of the Court and in terms of the substance of the SEMA, it can be followed or even abandoned by the judge if it is deemed not appropriate. Because judges are bound by law 48 of 2009 concerning Judicial Power Article 3 paragraph (1) judges have independence and are free from intervention when giving decisions and Article 5 paragraph (1) judges are obliged to explore, follow, and understand legal values and feelings. justice that lives in society in determining decisions in the form of criminal sanctions.

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