Ramadani, Nanda Devriyenny (2025) Pembuktian Permufakatan Jahat Dalam Penanganan Perkara Narkotika dan Psikotropika (Studi Putusan Nomor 564/Pid.Sus/2024/Pn.Pbr). Other thesis, Universitas Islam Riau.

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Abstract

This research examines the proof of criminal conspiracy in the handling of narcotics and psychotropic substances cases through a case study of Decision Number 564/Pid.Sus/2024/PN Pbr. The primary focus of the research is directed toward how the panel of judges constructs legal reasoning in considering legal facts related to narcotics criminal conspiracy and psychotropic substance possession. The complexity of this case demonstrates the existence of differences in norm application between the general provisions of the Criminal Code (KUHP) and the specific provisions in the Narcotics Law. The research method employed is a normative juridical approach with case analysis. This approach enables the author to elaborate on the legal foundations, statutory regulations, and relevant jurisprudence to assess how the elements of criminal conspiracy are proven. Furthermore, this research also emphasizes the harmonization between the concept of participation in the Criminal Code and the specific characteristics of criminal conspiracy in the Narcotics Law. The research demonstrates that criminal conspiracy in the Narcotics Law has a broader scope compared to the Criminal Code. The definition encompasses not only agreements to commit criminal acts, but also actions of assisting, facilitating, and organizing narcotics crimes. In the examined case, the panel of judges successfully proved the existence of criminal conspiracy through analysis of subjective and objective elements, utilizing diverse forms of evidence synergistically. The findings confirm that the application of judicial legal construction integrates the specific provisions of the Narcotics Law with the general provisions of the Criminal Code, particularly Article 55 paragraph (1) of the Criminal Code. The decision provides significant contribution to criminal justice practice in Indonesia, specifically in efforts to combat organized narcotics crimes. Beyond serving as jurisprudential precedent, this research is expected to enrich the scholarly treasury of criminal law and provide input for law enforcement officials in addressing similar cases in the future.

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