CD Tesis
Tinjauan Yuridis Arah Pedoman Penuntutan Tindak Pidana Narkotika Oleh Jaksa Berdasarkan Pedoman Jaksa Agung Ri Nomor 11 Tahun 2021 Tentang Penanganan Perkara Tindak Pidana Narkotika
We often see the negative side of the view on handling narcotics cases in practice that we often see if artists or upper class groups are caught using narcotics, they are always charged with Article 127. On the other hand, for ordinary people, it is very rare for public prosecutors to make charges. alternative to the article. This is also what makes the article a rubber article. on the other hand, in view of the easier evidence in Article 112. With the Republic of Indonesia Attorney General's Regulation Guidelines Number 11 of 2021 concerning Handling of Narcotics Crime Cases and/or Narcotics Precursor Crimes, it provides limitations for public prosecutors to carry out prosecutions based on their duties and authorities based on Law Number 8 of 1981 concerning Criminal Procedure Code. (State Gazette of the Republic of Indonesia of 1981 and Law Number 16 of 2004 concerning the Prosecutor of the Republic of Indonesia. Formulation of the problem How is the Direction of the Guidelines for Prosecuting Narcotics Crimes by Prosecutors based on the Guidelines of the Attorney General of the Republic of Indonesia Number 11 of 2021 concerning Handling of Narcotics Crime Cases, what are the Directions of the Guidelines Prosecution of Narcotics Crimes based on the Principle of Proportionality.This type of research can be classified in the type of normative legal research, namely research conducted by examining secondary legal materials or research based on standardized rules that have been recorded, also called research library research. The results of the research that the guidelines for prosecuting narcotics crimes contain evidence of narcotics crime and/or narcotics precursor crimes, the qualifications of the suspect are based on the results of an integrated assessment, the suspect is included in the qualifications as a narcotics abuser can be charged with Article 127 of Law Number 35 of 2009 concerning Narcotics, as well as the qualifications of criminal acts in accordance with the articles suspected of such as conspiracy to commit narcotics crimes and/or criminal acts of narcotic precursors contained in Article 132 of Law Number 35 of 2009 concerning Narcotics. Meanwhile, if it is related to the Principle of Proportionality, it is a form of justice in giving demands to perpetrators of narcotics crimes by considering the proportionality between punishment and their criminal acts, with one of the arguments that the imposition of a crime must adequately balance the benefits that may be obtained by the perpetrator from his crime.
Keywords: Prosecution Guidelines; Narcotics Crime; Law enforcement
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