PERTIMBANGAN JAKSA PENUNTUT UMUM DALAM MENENTUKAN TUNTUTAN PIDANA TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DITINJAU DARI TUJUAN PEMIDANAAN (Studi di Kejaksaan Negeri Batu)

The number of narcotics-related criminal cases in Batu City consistently ranks highest compared to other general criminal offenses, requiring prosecutors to impose criminal charges that are proportional and aligned with the objectives of sentencing. This study aims to address two research questions: first, how prosecutors at the Batu District Prosecutor’s Office formulate a plan of charges in determining criminal charges against narcotics offenders; second, how prosecutors consider both legal and non-legal factors in determining criminal charges in light of the objectives of sentencing. The research employed an empirical juridical approach, with primary data obtained through interviews with Ms. Indria Qori Safitri, S.H., and Mr. Erik Eko Bagus Mudigdho, S.H. The findings indicate that the process of formulating the plan of charges is conducted systematically and in a hierarchical manner, commencing after the defendant’s examination in court is completed. In general, prosecutors at the Batu District Prosecutor’s Office base their determination of criminal charges on both juridical and non-juridical considerations. The study concludes that the practice of prosecution at the Batu District Prosecutor’s Office reflects the application of the principle of individualized sentencing and the objectives of punishment, particularly the combined theory of sentencing. It is recommended that prosecutors explicitly state the reasons when circumstances revealed in court are not used as grounds for aggravation or mitigation, and conduct a more thorough classification of narcotics offenders to ensure proportionality and fairness in sentencing.