TINJAUAN YURIDIS TERHADAP PENYALAHGUNAAN NARKOTIKA JENIS GANJA SEBAGAI BAHAN PENGOBATAN (Studi Kasus Putusan Pengadilan Negeri Sanggau Nomor: 111/Pid.Sus/2017/PN. Sag)

Abstrak

The abuse of narcotics as a medicinal substance, is FIDELIS ARIE SUDEWARTO Als NDUK Anak FX SURAJIYO is guilty and convincing of committing a crime of "planting Narcotics Category I in the form of plants weighing more than 1 (one) kilogram or exceeding 5 (five) trees" in accordance with the second indictment General, namely Article 111 paragraph (2) of Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics. The application of material law in the decision Number: 111 / Pid.Sus / 2017 / PN Sag is appropriate. The Public Prosecutor used 3 (three) charges, namely: Primair Article 113 paragraph (2) of Law No. 35 of 2009, Subsidair Article 111 paragraph (2) of Law of the Republic of Indonesia No. 35 of 2009, More Subsidair Article 116 paragraph (1) RI Law no. 35 of 2009 concerning Narcotics. Among the elements of the articles charged by the Public Prosecutor, what is legally and convincingly proven is Article 116 paragraph (1) of Law No. 35 of 2009. Where, between the actions and the elements of the article are interrelated.The Panel of Judges is of the opinion that the appropriate punishment to apply to the defendant is legal justice, so the punishment to be imposed is based on the principle of legal justice. Even though the sentence to be imposed is based on the principle of legal justice, the length of the sentence to be imposed against the defendant should also consider the impact or consequences that will occur on society. In addition, the imposition of punishment is not intended to take revenge against the defendant, especially as an effort to torment the defendant, but the purpose of punishment is not only to serve as a means of education for the public so as not to do the same thing, the most important thing is to provide guidance for the defendant so that later in social life it can be behave more wisely and wisely. Key Word: Abuse of Narcotics, Medicinal Materials