Qodilah, Muhammad Rafi (2023) Tinjauan Terhadap Putusan Bebas Dalam Perkara Tindak Pidana Narkotika (no.3090k/pid.sus/2020) Menjadi Kurir Narkotika. Other thesis, Universitas Islam Riau.

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Abstract

Imposing a sentence on the perpetrator cannot be separated from the role of law enforcers, namely in this case the police, public prosecutors and judges in trying them, considering that the duties and obligations of judges are to uphold law and truth so that judges in imposing crimes must be as fair as possible to perpetrators of crimes. However, so far the punishment imposed on Narcotics perpetrators is felt to be less in accordance with the Law that has been implemented and is currently in force. Because there are still many judges' decisions that are not in accordance with the actions that have been carried out by the perpetrators of the Narcotics crime. In this study the writer has a main problem, namely how is the process of proving narcotics crimes so that they are acquitted, in case No.3090k/Pid.sus/2020 and what are the considerations of the Panel of Judges in Case No.309k/Pid.Sus/2020 The type of legal research method that researchers use in thesis research is the type of research used in this thesis is normative legal research (normative juridical). Normative legal research, namely research on legal systematics carried out on certain statutory regulations or written laws whose main objective is to identify the meaning of the basic principles of law. Regarding the results of the research that the authors found, namely the acquittal at the cassation level court where the explanation regarding the provisions stipulated in Article 191 paragraph (1) of the Criminal Procedure Code said, that what is meant by the actions charged against him were not proven legally and convincingly was not sufficiently proven according to the judge's assessment of the basis of evidence by using evidence according to the provisions of this criminal procedural law. and the Supreme Court Judge only considered that the defendant's statement/reasons for cassation could be justified because the judex facti decision had misapplied the law, due to the legal facts at trial which revealed that the defendant did not know the contents of the black plastic bag and the defendant had nothing to do with the circulation of the plastic bag and the defendant did not any prejudice against the contents of the black plastic bag and only to help sdr. Rudy (DPO).

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