CD Skripsi
Disparitas Putusan Pidana Terhadap Tindak Pidana Narkotika Berdasarkan Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika
ABSTRACT
Judicial power is a guide for judges in forming an independent judiciary.
This means the power of the judiciary is free from the intervention of the parties
and the power of the State unless otherwise determined by law. The freedom of
the judge in passing his decision has a negative impact, namely criminal
disparity. In this paper, the author focuses on the occurrence of funding disparity
against the criminal decision of narcotics abuse issued by the Pekanbaru High
Court. The purpose of writing this thesis: First, to know the judge’s perspective in
deciding the decision of the appellate court on narcotics crime cases under Law
Number 35 of 2009 on Narcotics. Second, to know the negative impact that arises
from the disparity of punishment on law enforcement of narcotics crime. Third, to
know the right conviction idea to solve the problem of narcotics trafficking in
Indonesia. The author conducts this research with normative research methods or
library studies in order to obtain secondary data obtained from documentary
studies that is by studying and analyzing descriptively comparatively to the
legislation with theories related to the problems studied.
From the result of the study there are three main things that can be
concluded: First, the Pekanbaru High Court’s Judge has different perspectives in
making decisions, thus causing disparity of punishment. Second, the negative
impact from this disparity of punishment is the emergence of social jealousy and
negative views by the defendant, the community and the community that have
potential to commit a narcotics crime against judicial institutions. Third, the right
conviction idea to solve the problem of narcotics trafficking in Indonesia can be
done by establishing the idea of a “Double Track System” punishment.
The author's advice, the panel of judges in imposing criminal sanction
must be based on consideration that have truly provided a sense of justice to each
party and the need for a guiding instrument for the administration of crimes in
criminal law in Indonesia.
Keywords: Disparity – Judgement – Narcotics Crime
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