TINJAUAN YURIDIS TERHADAP DELIK PENGGUNA NARKOTIKA (Analisis Putusan Pengadilan Negeri Kendari No.307Pid.Sus/2014/PN.Kdi)

Abstract

The objectives of the study were: 1). To determine the application of elements of narcotics crimes against users in decision no. 307/Pid.Sus/2014/PN.Kdi. 2). To determine the judge's considerations in sentencing narcotics users in decision no. 307/Pid.Sus/2014/PN.Kdi. This study was conducted in Kendari City, precisely at the Kendari Police and Kendari District Court, using the research type, namely empirical normative. The data collection method used was document study, field survey and interview using qualitative descriptive analysis. Based on the results of the study, it can be seen: 1. The application of elements of narcotics abuse against users has been fulfilled and it is proven that the perpetrator of the narcotics crime is the defendant Yance Supardi Sanpe Bin Ruruk Sanpe, and has been declared to have violated Article 1 number (15) of Law Number 35 of 2009 concerning Narcotics is a person who uses Narcotics without rights or against the law; 2. The judge's consideration in sentencing the user was appropriate because in the case the elements of Article 127 paragraph 1 (one) letter (a) of Law No. 35 of 2009 concerning Narcotics were fulfilled. In the case, the judge also considered mitigating and aggravating factors. In addition, corroborating evidence was found in the form of witness statements, defendant statements, and evidence, namely: 1 (one) clear plastic package/sachet containing crystal meth/clear crystals with a total net weight of 0.5126 grams, 1 (one) box of Nokia brand cellphone packaging, 1 (one) Gudang Garam mini cigarette packaging. 1 (one) sheet of white tissue, and. 1 (one) black Samsung brand cellphone with SIM card No. 081340194456. belonging to Yance Supardi Sanpe Bin Ruruk Sanpe.