Alexander Aron Marbun, Stefano (2023) Analisis Yuridis Tentang Penjatuhan Putusan Pidana Oleh Hakim Di Bawah Ketentuan Pidana Minimum Dalam Undang-undang Narkotika (studi Kasus Kejaksaan Negeri Rokan Hulu). Masters thesis, Universitas Islam Riau.

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Abstract

Judges basically have the freedom to interpret the provisions contained in a law, because in the positive legal system Indonesia has used an alternative system of imposing criminal sanctions. With the adoption of a minimum general criminal system, a general maximum and also a specific maximum (for each criminal act) thus opening up opportunities for judges to use their freedom in imposing crimes. However, the absence of general criminal guidelines in the current Criminal Code (KUHP) is deemed necessary as a basis for judges to freely make their decisions. From the background above, the authors formulate the main problems including: First, How are Judges' Legal Considerations in Imposing Criminal Decisions Under the Special Minimum Provisions in the Narcotics Law? Judges Against Minimum Decisions Imposed?. Judging from the type, this research can be classified as normative legal law research used to find and determine the basis for consideration or background (constructive teleology) from legal sources. While the nature of this research is descriptive, which provides a clear and detailed description of the problems that are the subject of research. After going through the process of data collection and data processing, then the data is analyzed based on qualitative methods, then after the data is analyzed, conclusions are formulated inductively, namely drawing conclusions from specific things to general. From the results of the study, it can be concluded First, the Panel of Judges in their considerations uses systematic interpretation as a method that must exist in every method of finding law because in systematic interpretation, law is interpreted as a system that is interrelated with one another, which means positive law is always related and correlated with one another. each other, there is no single positive law that stands alone or is independent of the system that includes it. Second, in the context of the legal paradigm shift in court decisions, the philosophical root of the subject matter being contested is the principle of legal certainty and the principle of substantial justice. Both have different philosophical reasoning from each other.

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