ANALISIS PUTUSAN BEBAS TERHADAP PENYALAHGUNAAN NARKOTIKA (Studi Kasus Putusan Pengadilan Negeri Bengkayang Nomor 45/Pid.B/2011/BKY dan Nomor 46/Pid.B/2011/BKY)

Jurnal Mahasiswa S2 UNTAN FAJAR DANI SUSANTO, S.Ik. A.21210078


Thesis discusses the problem analysis Narcotics Abuse Verdict Against Free (A Case Study of State Court Decision Bengkayang 45/Pid.B/2011/Bky No. And No. 46/Pid.B/2011/Bky).From the results of research using normative legal research methods and Sociological , it is concluded that : ( 1 ) Basic considerations Bengkayang District Court judge dropped the acquittal of the accused in the case of drug abuse by Decision No: 45/Pid.B/2011/PN.BKY and Verdict no: 46/Pid.B/2011/PN.BKY is that the facts revealed in court is not enough evidence to convict the accused because criminal elements are not met , it is also based on the belief the judge that the defendant is not guilty of the crime charged to him , because all of the evidence presented at trial did not prove that the defendant committed the act of drug abuse as stipulated in Law No. 35 Year 2009 on narcotics . ( 2 ) . Prosecutors have difficulties to take legal actions against the acquittal where the defendant foreign stamps that have been out of the territory of Indonesia . Legal efforts can still be made but must cooperate with law enforcement officials accused the country of origin ( Malaysia ) , and it is hard to do because there is no agreement between the government of Indonesia and Malaysia .
Recommendations in this thesis : ( 1 ) The use of narcotics is not for medical purposes and / or knowledge iimu is prohibited act , so it deserves to be punished for its misuse . The judge in making a decision it shall not only based on the rule of law ( legislation funnel ) , but also should pay attention to the values of law and justice that lives and grows in the community . ( 2 ) Given the development of the distribution and use of narcotics is not for medical and / or scientific equipment including Bengkayang increasing , then the law enforcement officers ( investigators , prosecutors , and judges ) should increase cooperation , so that the culprit can be the fairest punishment in accordance with the actions undertaken , in order to conduct drug abuse does not happen again and not widespread . ( 3 ) Given the impact of drug use are very large for human health and safety , then the participation of all stakeholders is needed to do the eradication and prevention ( preventive and repressive ) against drug abuse , in order to create security , order and peace in society .
Key note: acquittal, penyalahgunaan dan bahaya narkoba,narcotics abuse

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Diterbitkan Oleh: Program Magister Hukum Universitas Tanjungpura

ISSN: 0216-2091