ANALISIS YURIDIS PENJATUHAN PIDANA TERHADAP ORANG YANG MENGONSUMSI NARKOTIKA

Abstract

The number of narcotics abusers is increasing in Indonesia, so medical and social rehabilitation efforts are needed for narcotics abusers. Problem: How are legal protections and judges' considerations in passing sentences against people who consume narcotics illegally based on Law No.35 of 2009 concerning Narcotics in decision no.154/Pid.Sus/2019/PN Mam? This normative juridical research method is descriptive analysis, so that the primary and secondary data are analyzed qualitatively. The results showed that the defendant with the initials HK had not received the legal protection rights for medical and social rehabilitation as stated in Law No.35 of 2009 concerning Narcotics. The Panel of Judges decided that the case was inaccurate because it did not consider Articles 54, 56, 103, 127 Paragraphs 2 and 3 so that the defendant did not receive medical and social rehabilitation.