CD Skripsi
Perlindungan Terhadap Korban Sekaligus Pelaku Pada Tindak Pidana Penyalahgunaan Narkotika Berdasarkan Putusan Nomor. 104/Pid.B/2014/Pn.Bj
The criminal misuse of narcotic basically only considered a suspect of an act that is where the real perpetrators are also victims of drug abuse of narcotic crime itself. As is the case based on the decision of the District Court Binjai No.104 / Pid.B / 2014 / PN.BJ. Against the defendant shall be punished with imprisonment of 1 (one) year and set a period of detention already served by the accused entirely deducted from the sentence imposed. Inside the decision has been very obvious that the decision of the judge only looked offender drug abuse as the position of the defendant and did not take it into account as a victim. Whereas in Act 35 of 2009 Article 54 has been explained that addicts and drug abusers shall be rehabilitated. The purpose of this thesis are: First, to determine the urgency of the protection of victims and perpetrators in the crime of drug abuse. Secondly, To find out the verdict in the case No. 104 / Pid.B / 2014 / PN.BJ has provided protection against the accused who is the perpetrator and victim.
This type of research used by the author in this study is normative. Source of data used are secondary data. Data collection techniques in this study using literature.
From the research problem there are two main things that can be inferred. First, protection against perpetrators who are also victims of drug abuse in a criminal act is necessary. The need for legal protection should be provided to victims of drug abusers because of someone facing a case of misuse of narcotics is punishable by very severe, so that the justice the perpetrator / victim is necessary to obtain legal assistance and legal protection. Secondly, the Decision Case Number. 104 / Pid.B / 2014 / PN.BJ. This does not give protection to sipelaku drug users which in this case can also be mentioned as a victim of the crime of narcotics. In the verdict, the judge simply looked at the offender as a suspect and did not see him as a victim of a crime. Offender sentenced to prison only as a reward of his deeds, but the recovery and protection of his health was not given. Suggestions author, First, the judge in this case represents the state to protect society should provide decision useful for individuals themselves and for society by promoting prinsi fairness and in accordance with regulations or laws applicable. So that protection against offenders who also merupaka victims and their rights as citizens can be met. Secondly, in terms of decision Case Number. 104 / Pid.B / 2014 / PN.BJ not provide that protection based because the judge simply looked at the accused as the perpetrator and does not pay attention to aspects of the victim. The judge should be referred to a law that has been clearly provides protection against the perpetrator and victim in the use of narcotics. The judge also should pay attention to the aspect of fairness in the decision dropped
Keywords : Protection - Victims - Perpetrators - Abuse - Narcotics
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