Ramadhan, Gilang (2023) Analisis Yuridis Putusan Nomor: 305/pid.sus/2020/pn PLW Terkait Penerapan Hukum Bagi Pelaku Penyalahgunaan Narkotika Menurut Pasal 127 dan Sema Nomor 04 Tahun 2010. Masters thesis, Universitas Islam Riau.

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Abstract

The decision at the Pelalawan District Court in case Number 305/Pid.Sus/2020/PN.Plw which stated that the Defendants were conclusively proven guilty of violating Article 112 Paragraph (1) of Law Number 35 of 2009 concerning Narcotics by imposing a prison sentence of 5 (five) five) years and 6 (six) months imprisonment and a fine of Rp. 1,000,000,000.- (one billion rupiah) with the provision that if the fine is not paid, it is replaced by imprisonment for 6 (six) months. This has proven that it is still difficult for a narcotics abuser to get justice in the form of implementing Article 127 of law number 35 of 2009 concerning narcotics or a form of rehabilitation in accordance with the aims and objectives of SEMA number 04 of 2010 concerning placement of abuse, victims of abuse, and narcotics addicts into Institutions. medical rehabilitation and social rehabilitation. Based on the description above, the author has conveyed the background of the problem, the author formulates the main problem which will be discussed further in this study regarding the judge's considerations in deciding case number: 305/Pid.Sus/2020/PN Plw with a verdict guilty of violating Article 112 paragraph (1) Law Number 35 of 2009 concerning Narcotics and legal suitability for Narcotics abusers in case number: 305/Pid.Sus/2020/PN Plw. This type of research is Normative legal research in the form of a document study, with the nature of the research being descriptive, namely providing a clear and detailed picture of the main problem being studied, namely the decision of the Pelalawan District Court in case Number 305/Pid.Sus/2020/PN.Plw . The results of the research and discussion are the judge's considerations in deciding case number: 305/Pid.Sus/2020/PN Plw with a verdict guilty of violating Article 112 paragraph (1) of Law Number 35 of 2009 concerning Narcotics based on the fulfillment of the elements of the article and suitability of purpose law for narcotics abusers in case number: 305/Pid.Sus/2020/PN Plw where justice has not been implemented for narcotics abusers to get justice and legal certainty.

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