TINJAUAN YURIDIS PEMBERATAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENGULANGAN (RESIDIVIS) PADA TINDAK PIDANA NARKOTIKA DI POLSEK KUANTAN HILIR

Abstract

Sanctions in criminal law are suffering that must be accepted as a consequence of one's actions, but in reality, after serving a prison sentence, the convict repeats their criminal behavior. In such cases, it is necessary to increase socialization and outreach to the community to raise awareness among individuals and society so that they do not repeat criminal acts. The problems in this study are: How is the application of aggravated criminal sanctions against repeat offenders (recidivists) in narcotics crimes within the jurisdiction of the Kuantan Hilir Police Sector, and how effective are aggravated criminal sanctions in preventing repeat offenses (recidivism) in narcotics crimes within the jurisdiction of the Kuantan Hilir Police Sector? For this research, the author uses the Empirical Sociological Legal Research Method, while the nature of the research is Descriptive Analysis with a sampling technique using Population and Sample with the Purposive Sampling Method. Using data collection tools such as observation, interviews, and literature review. Based on the research findings, it can be concluded that the application of increased criminal penalties for recidivists is done using repressive legal measures, such as investigation, prosecution, arrest, detention, search, and seizure. At the prosecution level, there are different procedures for handling recidivist cases compared to the first case. The increase in criminal penalties for repeat offenders is the maximum penalty plus 1/3 of the relevant article. However, the application of increased criminal penalties against perpetrators does not have a deterrent effect on them. This is due to the continued presence of obstacles and various factors, namely: Law Enforcement Institutions, Community Legal Culture, and the perpetrators themselves. and the Prevention Efforts carried out by the Kuantan Hilir Police Sector are by using preemptive legal efforts, which are prevention efforts carried out from an early stage, such as investigation and supervision and early warning against individuals or groups suspected of committing criminal acts. This preventive legal effort includes socialization and education to the public about the dangers of narcotics, and cooperation with local and village governments.