JURIDICAL ANALYSIS OF THE APPLICATION OF LAW AND THE IMPOSITION OF CRIMINAL PENALTIES UNDER THE SPECIAL MINIMUM CRIMINAL THREAT IN NARCOTICS CRIMES (Study Decision Number: 5883 K/Pid.Sus/2022 jo 170/Pid.Sus/2022/Pt.Bna jo 17/pid. S/PN/Bir)

Abstract

It was hoped that the implementation of the law would be a preventive factor against the widespread distribution and trade of narcotics, but in reality it actually showed an increase in the circulation and trade of narcotics. One of the problems that attracts attention is related to the judge's decision to impose a criminal sentence below the threat of a special minimum sentence. In this research the author found decision Number: 5883 K/Pid.Sus/2022 Juncto 170/Pid.Sus/2022/Pt.Bna Juncto 17/Pid.S/Pn/Bir. The method used by the author in this research is the normative juridical method. that in decision Number: 5883 K/Pid.Sus/2022 Juncto 170/Pid.Sus/2022/Pt.Bna Juncto 17/Pid.S/Pn/Bir there are deviations in the application of judges from the first level to the last level so that the decision has no side legal certainty of the decision. . Advice to judges: In implementing decisions, do not deviate from the special minimum provisions in the law on Narcotics and judges can give decisions that are in line with the objectives of the law.