Pertimbangan Hukum Hakim Terhadap Pengguna Narkotika Yang Dikenai Putusan Pidana Penjara

Puspitasari, Carnelia Anabelle and , Hanifah Febriani, S.H., LL.M. (2025) Pertimbangan Hukum Hakim Terhadap Pengguna Narkotika Yang Dikenai Putusan Pidana Penjara. Skripsi thesis, Universitas Muhammadiyah Surakarta.

Abstract

Since before Indonesia's independence until now, narcotics have been a problem. Cases of narcotics, psychotropic and illegal drug abuse have occurred widely throughout Indonesia, both in developed and remote areas. Law enforcement against drug users in Indonesia is also still a debate. One of these debates is the judge's considerations in Decision Number 127 / Pid.Sus / 2023 / PN Mdn, decision number 62 / Pid.Sus / 2022 / PN.Skt, and decision number 12 / Pid.Sus / 2020 / PN Ban in terms of sentencing. Judges in passing sentences against drug users can be in the form of imprisonment or rehabilitation. The purpose of this writing is: 1) To determine the analysis of judges' considerations for drug users who are subject to imprisonment; 2) To determine the perspective of Islamic criminal law regarding the application of imprisonment to drug users. This study uses a normative legal research method. The type of approach in this study is the case approach to several court decisions. The data collection method in this study uses a literature study. The data analysis method used is a qualitative method to produce descriptive research. In making a decision, the judge considers legal and non-legal aspects. The defendant in decisions 1, 2, and 3 was given a prison sentence by the judge. This consideration is based on Article 127 paragraph (1) letter a of Law No. 35 of 2009 and aggravating and mitigating factors. In Islamic criminal law, there is no clear regulation regarding the punishment for drug users. Drug crimes are likened to khamr crimes because they are both intoxicating.

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