ANALISIS YURIDIS DISPARITAS PUTUSAN HAKIM TERHADAP PENJATUHAN HUKUMAN PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA DALAM PERSPEKTIF TEORI KEADILAN

Abstract

Narcotics abuse is a serious problem that is a serious concern for the government because the Narcotics Abuse Crime case is the second most dangerous case after the Terrorist Crime case. Like the problem of the Crime of Narcotics Abuse that the author met in the Decision Number: 1543/Pid.Sus/2016/PN.JKT.BRT Jo Verdict Number: 1946 K/PID.SUS/2017. In this study, the author focuses on what are the considerations of the District Court Judges and the Supreme Court in narcotics crimes so as to make a disparity in a decision? and the factors that cause a person to commit a crime are narcotics in Decision Number: 1946 K/PID.SUS/2017?. The purpose of the study was to determine the panel's considerations in the decision so as to make the sentence diparity and to find out the problems of the court's decision in accordance with the facts that existed/revealed at the trial and Law Number 35 of 2009 concerning Narcotics, in order to expect a theoretical benefit to contribute to criminal law and practical as a contribution of thought for law enforcement officials, especially the courts. The type of research in this research is normative juridical and descriptive analysis which will be analyzed qualitatively. The basic theory used is Law Number 35 Year 2009, Law Number 48 concerning Judicial Power, West Jakarta District Court Decision Number:1543/Pid.Sus/2016/ PN.JKT.BRT and Supreme Court Decision Number:1946K/ PID.SUS/2017. Judges in handling Narcotics Crime cases there are differences in decisions between the District Court and the Supreme Court and the factors that cause someone to commit a Narcotics crime are internal (individual) and external (economic) factors. It is hoped that the judge will have the same view in deciding a decision and hope that TK in acting must be more careful, and get closer to religious and family activities so that they do not get involved in the case of the Crime of Narcotics Abuse.