Persepsi Penerapan Sanksi Pidana terhadap Pelaku Tindak Pidana Narkotika (Studi pada Wilayah Hukum Pengadilan Negeri Kelas I A Tanjung Karang)

Jainah, Zainab Ompu
Journal article Masalah-Masalah Hukum • 2012 Indonesia

Abstract

Criminal punishment to defendant by judge were such last combination from investigation process of criminal case. Criminal case of narcotic use until now still became problem which became attention from local, national and International levels. There were problem within this research were: 1) How society perception concerning narcotic criminal sanction application based on Arricle 85 verse (1), (2), (3) Act Number 35, 2009 about Narcotic and the explanation completely, 2). What became the application barrier factor of criminal sanction to narcotic criminal action subject based on Article 85 verse (1), (2), (3) Act Number 35, 2009 about Narcotic and the explanation completely. Problem approximation carried out by normative and empirical judicial with resource data both directly from informant as both primary and secondary data which came from primary, secondary and tertiary law materials, and data analyzed qualitatively Based on research result could conclude that criminal sanction or punishment perceived by society as retaine such prison punishment or revenge give to person who carried out criminal action or crime. Therefore punishment which acknowledged within reality of social people should content revenge element not such rehabilitation sanction application such include within article…, barrier factor to rehabilitation sanction application cause of lack Rehabilitation Institution of narcotic user which give free service. Place or institution which accommodate narcotic user who suffered dependence to rehabilitate in mental hospital and Rehabilitation of Sinar Jati Beringin Gemilang Raya Beringin only, whereas that both rehabilitation didn't have proper facility and professional staff. Totally narcotic criminal action who punished by judge of especially Tanjung Karang Jurisdiction and Public Court within Lampung Court area were people who have no money to paid rehabilitation. There were no Narcotic Criminal Action defendant who stated guilty and get prison punishment by Judge based on definition Article 85 of Act narcotic materially proven as user.

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Masalah-Masalah Hukum

Jurnal Masalah-Masalah Hukum (MMH) berisi tulisan yang diangkat dari hasil penelitian dan kajian ... see more