D. M Sinaga, Efesus (2023) Analisis Hukum Terhadap Putusan Pengadilan Negeri Pelalawan Nomor: 355/pid.sus/2020/pn.plw, Dalam Perspektif Teori Keadilan. Masters thesis, Universitas Islam Riau.

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Abstract

Narcotics crime is an extraordinary crime that must be tackled intensely. The handling of narcotics crimes in the judicial process, especially in the imposition of decisions, greatly determines the legal status of the perpetrators. The judge himself is tasked with exploring and finding material truth facts that are useful for proving whether the perpetrator's actions have fulfilled the elements of a crime according to his suspicions. Not only that, in deciding a case the judge is also given the freedom to assess and consider matters that are considered aggravating or mitigating the offender. In fact, the judge's decision cannot always be justified because it also has flaws. In one of the cases based on the decision of the Pelalawan District Court, the defendant was sentenced to 9 years in prison, even though the facts were not proven in the trial that he had committed this crime. This was also proven by the judicial review decision which later reduced the sentence for the defendant while at the same time showing that the judge's decision did not fulfill the expected sense of justice. Based on the facts described above which then underlies the birth of the author's desire to conduct studies and research on how to apply material criminal law in case Number: 355/PID.SUS/2020/PN.PLW, what are the implications of the Pelalawan District Court Decision Number: 355 /PID.SUS/2020/PN.PLW, and what are the legal considerations of the panel of judges in deciding case Number: 355/PID.SUS/2020/PN.PLW. This research method is juridical normative, with the type of literature research, which uses a statutory approach, conceptual approach, case approach, in the hope that it can answer the problems faced The results of the study show that the application of material punishment in the form of a 9-year prison sentence in a court decision handed down by a judge still does not fulfill a sense of justice. Court decisions based on juridical and nonjuridical considerations are still used unilaterally to harm the defendant's legal rights and interests. This is shown by the fact that the trial proved that the defendant was not a dealer and that a mitigating decision from the Supreme Court confirmed this.

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