PENERAPAN PIDANA TERHADAP RESIDIFIS TINDAK PIDANA NARKOTIKA DI PENGADILAN NEGERI KLAS I A PADANG
Abstract: The application of
the criminal by the District Court of Class 1 A Padang against recidivist
criminal narcotics nothing maximum of 1/3 (one third). Meanwhile, according to
Article 144 paragraph (1) of Law No. 39 of 2009 on Narcotics, every person
within a period of 3 (three) years to repeat the criminal offense of criminal
maximum plus 1/3 (one third). Issues: (1) What are the considerations judges in
imposing criminal recidivist criminal offenses against narcotics in the
District Court of Class 1 A Padang? (2) How does the application of sentence
imposed by the judge to recidivist narcotic crime in the District Court of
Class 1 A Padang? The approach uses juridical sociological, resource of data
are primary data, secondary data. The data collection technique was interview with
the study of the document, and the data was analyzed qualitatively. Conclusion
The results of the study: (1) Consideration of judges in decisions to
recidivist defendants in narcotic cases are as follows: a) Consideration The
Juridical Characteristically, b) Consideration The Characteristically Non
Juridical. (2) The application of the accused criminal recidivists narcotic
crime in the District Court of Class 1 A Padang is not in accordance with the
provisions contained in Article 144 paragraph (1) of Law No. 39 of 2009 on
Narcotics.
Penulis: Tantowi Yahya Tantowi
Kode Jurnal: jphukumdd160517
