TINJAUAN YURIDIS PERTIMBANGAN HAKIM DALAM PENJATUHAN VONIS PENJARA TERHADAP PENYALAHGUNA NARKOTIKA BAGI DIRI SENDIRI DI PENGADILAN NEGERI TELUK KUANTAN (Studi Putusan Nomor 46/Pid.Sus/2020/PN Tlk)

Abstract

In Indonesia, drug abuse is endless, and the number of drug users tends to increase every year. Drug users are not limited to urban society but also extend to rural communities. The problems in this thesis are how the modus operandi of self-drug abusers at the Teluk Kuantan District Court and what the judges' considerations are in imposing prison sentences on self-drug abusers at the Teluk Kuantan District Court. This thesis utilizes an empirical normative legal research methodology, which examines the implementation of positive legal provisions (legislation) and written documents in action (factually) in specific legal events occurring within society. It also incorporates empirical data in the form of interviews with judges. Based on the research findings, the modus operandi for narcotics abusers is, on average, the same. Namely, by first making a bong from a drinking bottle, then drilling holes in the bong and adding a pipette, then adding a Pyrex glass and filling it with enough water, and putting narcotics into the Pyrex, then burning it with a match flame and inhaling it slowly. Meanwhile, the judge's considerations in imposing a prison sentence on drug abusers are based on both legal and non-legal aspects. Legal considerations include the prosecutor's indictment, the prosecutor's demands, witness statements, the defendant's statements, evidence, and facts revealed during the trial, thus fulfilling the elements of the crime. Non-legal considerations include aggravating and mitigating circumstances for the defendant.