Criminal Decision In The Criminal Acts Of Abuse Of Narcotic Class 1 (One) Non-Plants (Decision Number 136k/Pid.Sus/2018)

Abstract

The verdict of conviction is a decision issued based on an examination carried out in court, in which the Panel of Judges thinks that the defendant is legally and convincingly proven guilty of committing the crime charged against him, so a sentence is imposed. Sentencing in Decision Number 136K/Pid.Sus/2018 is interesting in discussing the judge's consideration and imposition of punishment. The urgency of this research is to evaluate the judge's consideration and imposition of punishment to provide thoughts or ideas as well as solutions to legal problems or issues being faced. This research uses the normative juridical method by using a statutory approach and conceptual approach, and legal materials are analyzed using the deductive method. The result of this study is that the judge's consideration is not correct because it is not by the facts in the trial when the article is charged as the second alternative charge against the Defendant; this must first be seen from the intention of the act committed and the imposition of punishment is appropriate based on the purpose of punishment in the Narcotics Law, namely to have a deterrent effect on the perpetrators of narcotics abuse with the fulfillment of the formulation of the criminal threat as proposed by the Public Prosecutor.