Dwiputro, Aryogo (2024) Tinjauan Terhadap Tindak Pidana Penyalahgunaan Narkotika Golongan I Jenis Ganja Untuk Pengobatan ( Studi Kasus Perkara Nomor. 111/pid.sus/2017/pn.sag). Other thesis, Universitas Islam Riau.

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Abstract

The abuse of class I narcotics especially marijuana is increasing day by day and is not a new phenomenon in Indonesia, the prohibition of the use of class I narcotics is written in Law Number 35 of 2009 and there are criminal threats for perpetrators who have used, distributed, and planted under the Narcotics Act. In the past few years many cases have been revealed which say that people use and utilize class I narcotics such as marijuana for alternative treatment to cure the disease they are experiencing for various reasons, in the rules that have been written have been explained regarding the prohibition of the use of class I narcotics for any reason and even in emergency conditions, except for research and development of a science, and is an act that is considered and said to be against the law if someone misuses itand can be subject to criminal sanctions. The purpose of this study is to describe and analyze how the process of proof in the criminal act of abuse of narcotics group I in Decision Number 111/Pid.Sus/PN.Sag and how the legal considerations by the Panel of Judges in imposing a sentence in Decision Number 111/Pid.Sus/PN.Sag. This research is prepared based on the Normative research method, namely the statutory approach (Statue Approach) and the case approach (case approach), The types and sources used in this research are primary legal materials and secondary legal materials, then the methods used in collecting materials are literature and document studies. This research uses qualitative analysis which is then presented in descriptive form so that readers are easier to understand. The results obtained from this study are in the process of proving that there are 39 stems of class I narcotics plants of cannabis type and the public prosecutor has presented 3 people as witnesses, namely witness Sudijarto, witness Klara Arinta, witness Tri Raman Jaya. And the legal considerations by the Panel of Judges of the Sanggau District Court in imposing a sentence in Decision Number 111/Pid.Sus/PN.Sag have ruled out without considering the element of force (Overmacht) which can remove the defendant's punishment for the act of planting and providing narcotics class I type of marijuana to another person, namely his wifewho is suffering from a serious illness, namely Syringomyelia, has been ruled out.

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