TANGGUNGJAWAB HUKUM PELAKU PENYALAHGUNAAN NARKOTIKA GOLONGAN I UNTUK DIRI SENDIRI BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 Studi Kasus Putusan Pengadilan Negeri Nomor 347/Pid.Sus/2023/PN Srg

Abstract

It is undeniable that cases of drug abuse are increasingly worrying the community and even this nation. The network of dealers seems to be expanding and difficult to eradicate. Drug abuse in Indonesia has reached an alarming point, Indonesia is currently in a state of crisis in the use of illegal drugs. The purpose of this study was to determine the effectiveness of implementing sanctions for perpetrators of the crime of class I narcotics abuse based on Law Number 35 of 2009, and the legal responsibility of the perpetrators of the crime of class I narcotics abuse for themselves as in the decision of the District Court Number 347/PID.SUS/2023/PN Srg  has fulfilled the element of a deterrent effect. And what is the consideration of the panel of judges in the decision of the District Court Number 347/Pid.Sus/2023/PN. The method used in this study is juridical normative, the legal source of this research is Primary Data and Secondary Data. The results showed that the effectiveness of law enforcement and enforcement that occurs in society at the current value is very lacking, sentencing does not reflect the deterrent effect because only minimal punishment is given, judges' considerations are only based on juridical and non-juridical reasons. His suggestion is that in order to be effective, the application of witnesses for drug users from law enforcement must be in accordance with legal requirements. The verdict has not provided a deterrent effect because it only punishes with the lowest crime. The judge's consideration in deciding a case in addition to considering jurisical and non-juridical elements is expected to have a deterrent effect.

Keywords: Crime, Narcotics, Deterrent Effect.