Nuswantoro Putro, Anggara Meihendra (2010) TINJAUAN YURIDIS SOSIOLOGIS PENGABAIAN PASAL 103UNDANG-UNDANG NO. 35 TAHUN 2009 MENGENAI REHABILITASI PECANDU NARKOTIKA(Studi Dasar Pertimbangan Hakim dalam Putusan No.112/Pid.B/PN.Sda, PerkaraPenyalah Guna Narkotika Atas Nama Terdakwa Afifakh Rudi als Blek). Other thesis, University of Muhammadiyah Malang.
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Abstract
Drug abuse in Indonesia, which has reached a point that endangers the survival of the nation and national security because the target has reached all levels of society so the government declared war on drugs, increasing drug offenses regardless of the verdict is not inflicted by the judges, with the above background. This research takes the formulation of the problem: 1. How Consideration judge issued a verdict in the case of abuse of narcotics by the defendant named Afifakh Rudi Decision no 112/pid.B/2010/PN.Sda in Sidoarjo District Court? 2. How to Judge ignored the provisions of article 103 of Law No. 35 Year 2009 on rehabilitation for drug addicts in the verdict against Rudi Afifakh 112/pid.B/2010/PN.Sda in Sidoarjo District Court conducted by thejudges? These researchers use a method of judicial and sociological approach, data collection techniques such as interviews with judges PN SDA, and direct research through a court decision to the research location in the PN SDA were analyzed descriptively. From the judge's decision, the basic consideration of the judges in criminal sanctions against penjatuhkan addicts still make the deterrent effect and not a court decision in its consideration memmandang defendant nonyuridis factors namely psychological factors, economic, social, environmental. Because each judge has discretion and the basis for a legally accountable and fulfilling sense of justice. In conclusion, that the considerations that occur in the decision of the judges of the Court of natural resources, still impose sanctions jail sentence for drug addicts, while the waiver of Article 103 of Law No. 35 of 2009 on narcotics to the judge's decision, due consideration was still looking at the judge in the juridical considerations only and non-juridical considerations judges include psychological factors, economic, social, environment is not considered. Suggestions should be a judge in considering its verdict for drug addicts can be rehabilitated to return to normal life in the community and jail sanctions not the way out for addicts to recover, but rehab is needed because drug addicts are people who are sick. Because each judge has discretion and the basis for a legally accountable and fulfilling sense of justice. Keywords: Abandonment, the ruling Justice, Basic Considerations Justice.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | Rayi Tegar Pamungkas |
| Date Deposited: | 16 May 2012 02:44 |
| Last Modified: | 16 May 2012 02:44 |
| URI : | http://eprints.umm.ac.id/id/eprint/5407 |
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