Optimization of Criminal Sanctions Against Narcotics Users in the Jurisdiction Process

(Case Study at the Jepara District Court)

DOI

10.2991/978-2-38476-074-9_41How to use a DOI?

Keywords

Criminal Consequences; Defendant; Narcotics

Abstract

The eradication of narcotics crimes involves all nations in the world, but it turns out that the level of illicit narcotics trafficking is increasingly high and rampant. Several indications show that narcotics crime is an extraordinary crime. For this reason, extraordinary punishment is very much needed for this type of extraordinary crime that has occurred in all nations in this world as a transnational crime. The large number of people involved in drug cases and the increasing number of crimes require serious attention and a shared commitment to prevent and eliminate them. One of the efforts to overcome narcotics abuse, among others, is to use criminal sanctions in the form of imprisonment. Crime against narcotics users in the judicial process. The approach method used in this research is sociological juridical. The specification of this research is descriptive analytical. Sources of data used are primary data and secondary data. Primary data is data obtained directly from the field or from the first source and has not been processed by other parties. While secondary data was obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the study, it can be concluded: (1) The criminal provisions contained in Law no. 35 of 2009 concerning Narcotics is formulated in Chapter XV of Criminal Provisions Articles 111 to 148. Law no. 35 of 2009 concerning Narcotics, there are four categorizations of unlawful acts that are prohibited by law and can be threatened with criminal sanctions. (2) Judges who do not want the accused in the decision Number: 13/Pid.Sus/2022/PN.Jpa are considered as users or addicts of narcotics only, but also as dealers which, judging by the legal facts that occurred, this makes the judge fulfill the charges The Public Prosecutor with the indictment of Article 114 paragraph 1 of the Law of the Republic of Indonesia. Number 35 of 2009 concerning Narcotics, (3) The obstacle experienced by judges when deciding on narcotics abuse defendants is that without an assessment or information from experts, it is unlikely that the accused will be rehabilitated and the judge will not make decisions beyond those charged by the public prosecutor and other obstacles are about the negative view of society towards judges.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Setiyowati
PY  - 2023
DA  - 2023/06/27
TI  - Optimization of Criminal Sanctions Against Narcotics Users in the Jurisdiction Process
BT  - Proceedings of the 5th Legal International Conference and Studies (LICS 2022)
PB  - Atlantis Press
SP  - 348
EP  - 355
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-074-9_41
DO  - 10.2991/978-2-38476-074-9_41
ID  - 2023
ER  -