CD Tesis
Tinjauan Yuridis Terhadap Pemufakatan Jahat Dalam Pasal 132 Ayat (1) Sebagai Bijzondere Delneming Dari Pasal 55 Dan 56 Kitab Undang-Undang Hukum Pidana Berdasarkan Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika
The conspiracy for evil has not yet started its implementation, in fact there has been no preparation, but only an agreement has been made to commit crimes. In the Criminal Code system, legislators do not always want to wait until an act has actually started. This paper discusses the juridical review of criminal conspiracy in Article 132 Paragraph (1) As Bijzond er Delneming of Articles 55 and 56 of the Criminal Code based on Law Number 35 of 2009 concerning Narcotics. The research method is normative legal research, the study of legal synchronization, the researcher collects data consisting of primary, secondary and tertiary data. The data collection technique is literature review. The data analysis was carried out qualitatively and draw conclusions from the author using the deductive thinking method.
The conclusion of this research is that the legal interpretation of evil conspiracy in Article 132 Paragraph (1) As Bijzondere Delneming from Articles 55 and 56 of the Criminal Code by Law Enforcement Officials at this time there are differences, in the Rokan Hilir District Court decision Number 373 / Pid.Sus / 2018 / PN Rhl and the decision of the Bandung District Court Number: 757 / Pid / B / 2015 / PN_Bdg the actions of the defendant are criminal acts as regulated and threatened in the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics. The explanation of Article 1 paragraph (18) of Law Number 35 of 2009 concerning Narcotics explains that the Conspiracy is the act of two or more people who conspire or agree to do, implement, assist, participate in, instruct, recommend facilitating, giving consultation, become a member of a Narcotics crime organization, or organizing a narcotics crime. The article also implies that this article is applied to crimes that are just about to occur, but in practice this article can also be applied to crimes that have already occurred
The author's suggestions for the future so that law enforcement officials are not mistaken in interpreting the law into the cases handled, so that it does not cause controversy and can realize the objectives of the law itself, namely legal certainty, justice and benefits and in the future it is regulated more firmly and specifically regulated in law regarding evil conspiracy so that there are no more differences in interpretation among law enforcement officials.
Keywords: Conspiracy of Evil, Bijzondere Delneming, Narcotics
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