Imposition of Criminal Sanctions for Narcotics Abuse Below the Minimum Limit

This study aims to examine the legal process of narcotics abuse in Indonesia. The impact of excessive use of narcotics results in central nervous, psychological/psychic damage, and the most fatal is death. The problem in this study examines the development of the narcotics abuse trial process in Ind...

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Main Authors: Jennifer Maiyola Situmorang, Hatarto Pakpahan
Format: Article
Language:English
Published: University of Merdeka Malang 2023-04-01
Series:Jurnal Cakrawala Hukum
Subjects:
Online Access:https://jurnal.unmer.ac.id/index.php/jch/article/view/10048
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author Jennifer Maiyola Situmorang
Hatarto Pakpahan
author_facet Jennifer Maiyola Situmorang
Hatarto Pakpahan
author_sort Jennifer Maiyola Situmorang
collection DOAJ
description This study aims to examine the legal process of narcotics abuse in Indonesia. The impact of excessive use of narcotics results in central nervous, psychological/psychic damage, and the most fatal is death. The problem in this study examines the development of the narcotics abuse trial process in Indonesia so that it can suppress many cases of narcotics abuse. Cases of drug abuse are often found with sentences below the minimum limit. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. Based on the results of these data, this study shows that judges are contrary to the Narcotics Law with an objective minimum standard for violations that endanger society and the state. The judge who examines and adjudicates the case has misapplied the law because he has imposed a sentence with the threat of certain minimum sanctions as stipulated in the laws and regulations. This creates uncertainty in law enforcement which is regulated in the law as it should. How to cite item: Situmorang, Jenifer Maiyola, and Hatarto Pakpahan. “Imposition of Criminal Sanctions for Narcotics Abuse Below the Minimum Limit.” Jurnal Cakrawala Hukum. 14 no. 1 (2023): 21-27. DOI: 10.26905/idjch.v14i1.10048.
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spelling doaj.art-1fb0d4a795594abbbd73f7390f48c9502023-08-08T13:34:13ZengUniversity of Merdeka MalangJurnal Cakrawala Hukum2356-49622598-65382023-04-01141212710.26905/idjch.v14i1.100484034Imposition of Criminal Sanctions for Narcotics Abuse Below the Minimum LimitJennifer Maiyola Situmorang0Hatarto Pakpahan1Faculty of Law, University of Merdeka MalangFaculty of Law, University of Merdeka MalangThis study aims to examine the legal process of narcotics abuse in Indonesia. The impact of excessive use of narcotics results in central nervous, psychological/psychic damage, and the most fatal is death. The problem in this study examines the development of the narcotics abuse trial process in Indonesia so that it can suppress many cases of narcotics abuse. Cases of drug abuse are often found with sentences below the minimum limit. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. Based on the results of these data, this study shows that judges are contrary to the Narcotics Law with an objective minimum standard for violations that endanger society and the state. The judge who examines and adjudicates the case has misapplied the law because he has imposed a sentence with the threat of certain minimum sanctions as stipulated in the laws and regulations. This creates uncertainty in law enforcement which is regulated in the law as it should. How to cite item: Situmorang, Jenifer Maiyola, and Hatarto Pakpahan. “Imposition of Criminal Sanctions for Narcotics Abuse Below the Minimum Limit.” Jurnal Cakrawala Hukum. 14 no. 1 (2023): 21-27. DOI: 10.26905/idjch.v14i1.10048.https://jurnal.unmer.ac.id/index.php/jch/article/view/10048narcoticsabuserscriminal sanctionsminimum limits.
spellingShingle Jennifer Maiyola Situmorang
Hatarto Pakpahan
Imposition of Criminal Sanctions for Narcotics Abuse Below the Minimum Limit
Jurnal Cakrawala Hukum
narcotics
abusers
criminal sanctions
minimum limits.
title Imposition of Criminal Sanctions for Narcotics Abuse Below the Minimum Limit
title_full Imposition of Criminal Sanctions for Narcotics Abuse Below the Minimum Limit
title_fullStr Imposition of Criminal Sanctions for Narcotics Abuse Below the Minimum Limit
title_full_unstemmed Imposition of Criminal Sanctions for Narcotics Abuse Below the Minimum Limit
title_short Imposition of Criminal Sanctions for Narcotics Abuse Below the Minimum Limit
title_sort imposition of criminal sanctions for narcotics abuse below the minimum limit
topic narcotics
abusers
criminal sanctions
minimum limits.
url https://jurnal.unmer.ac.id/index.php/jch/article/view/10048
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AT hatartopakpahan impositionofcriminalsanctionsfornarcoticsabusebelowtheminimumlimit