JURIDICAL REVIEW OF THE IMPOSITION OF CRIMINAL SANCTIONS AGAINST NARCOTICS TRAFFICKING PERPETRATORS AS AN EFFORT TO ERADICATE DRUGS (Decision Study Number: 327/Pid.Sus/2023/PN.Mdn)
Keywords:
Criminal Sanctions. Narcotic. DistributionAbstract
Narcotics crimes have recently become more and more common. Law Number 35 of 2009 concerning Narcotics does not provide a specific definition of the categories of users, sellers, dealers and dealers. The law only makes formulations about the types of drugs, there are many. This is sometimes a bit confusing in determining who owns the illegal goods. In reality, in the field, people who are just users even though in large numbers with dealers and owners and bookmakers overlap. In this case, Decision Number: 327/Pid.Sus/2023/PN.Mdn. imposes the death penalty on suspects as narcotics dealers in accordance with the provisions in article 114 paragraph (2) of Law Number 35 of 2009 concerning Narcotics. The methodology used in this study is normative legal research, using a statutory and philosophical approach. The result of this study is that the death penalty is a threatened criminal sanction and is the heaviest penalty against narcotics dealers, regulated in article 114 paragraph (2). Evidence Used by Investigators to Identify Suspects of Narcotics Abuse Similar to other criminal evidence, in the abuse of narcotics, the evidence used is also in accordance with the provisions of Article 184 of the Criminal Procedure Code which states that: "Valid evidence is: a. Witness statement b. Expert testimony c. Letter d. Instructions e. Defendant's statement. The application of the provisions of Article 114 paragraph 2 concerning narcotics trafficking, the sanction is the death penalty against narcotics dealers regulated in Law Number 35 of 2009 concerning Narcotics, technically contained in article 114 paragraph (2) and article 119 paragraph (2). Narcotics dealers are those who are proven in terms of the act of offering to sell, selling, buying, being an intermediary in buying and selling, exchanging, handing over or receiving narcotics by fulfilling the types and conditions, as well as the amount or level of narcotics they have.
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