A Legal Analysis of the Judicial Considerations Underlying The Decision in a Narcotics Crime Case
Keywords:
Narcotics Abuse, Judicial Consideration, RehabilitationAbstract
Drug abuse is a complex issue that encompasses not only legal aspects but also social and health dimensions. The research problems in this study are: how the Karawang District Court judges considered in delivering Decision Number 325/Pid.Sus/2022/PN Kwg, and what efforts have been made for the prevention and protection of narcotics abusers in Karawang Regency. The research method used is normative juridical, with a statutory approach and descriptive analysis. The results of the study indicate that the defendant, Jemi Permadi alias Jemi bin Hasim, was legally and convincingly proven guilty of committing a criminal act without authorization as an intermediary in the sale and purchase of Class I narcotics (methamphetamine), as specified in Article 114 paragraph (1) of Law Number 35 of 2009 concerning Narcotics. Based on the trial findings, all elements of the offense were fulfilled, and no justifying or excusing reasons were found. For his actions, the panel of judges sentenced the defendant to seven years of imprisonment and a fine of IDR 1,000,000,000.00, with a subsidiary imprisonment of six months. On the other hand, the Karawang Regency Government has demonstrated a strong commitment to combating narcotics abuse through preventive, repressive, and rehabilitative approaches. This is reflected in the cooperation with the Karawang National Narcotics Agency (BNNK) and the implementation of Regional Regulation Number 9 of 2019, which emphasizes the importance of medical and social rehabilitation for addicts. These are in line with the efforts of the principles of Law Number 35 of 2009, which recognizes addicts as individuals entitled to legal protection and health recovery.
References
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Peraturan Perundang-undangan
Karawang Regency Regional Regulation (Perda) Number 9 of 2019 concerning Facilitation of Prevention and Eradication of Abuse and Illicit Trafficking of Narcotics and Narcotics Precursors.
Law Number 35 of 2009 concerning Narcotics.
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