PERTANGGUNGJAWABAN PIDANA TERHADAP PENYALAHGUNAAN PSIKOTROPIKA YANG DILAKUKAN BERSAMA-SAMA (Studi Perkara: 534/PID.B/2009/PN.PDG)
Abstract: The enactment of
Legislation No. 5 Year 1997 on psychotropic is expected to prevent the abuse of
psychotropic substances and combating illicit trafficking in psychotropic
substances effectively, and create a deterrent effect against perpetrators of
criminal acts psychotropic substances. The problem as follows: 1) Any liability
of judges in imposing punishment on criminal acts committed abuse of
psychotropic jointly? 2) How consideration of the judge of the criminal
liability of abuse of psychotropic performed together?. Approach method is a
normative juridical,ie secondary data that is made by reviewing and testing the
legal aspects in order to find the law in reality. The data have been obtained
and analyzed qualitatively, ie analysis of the study data collection related
documents. The results of research and discussion, we can conclude that: 1)
accountability of judges in imposing criminal District Court of Class 1A Padang
popularity is evidence have been met as set out in Article 183 The Code of
Criminal Procedure, which is at least two (2) valid evidence has been fulfilled
and in this decision there is evidence that witness testimony, and the
testimony of the defendant, 2) while the consideration of the judge to criminal
responsibility in the abuse of psychotropic conducted jointly dominant is the
aggravating circumstances and the mitigating circumstances defendant. Criminal
liability against the crime of abuse of Narcotics and Psychotropic Substances
is appropriate because in such cases has been met.
Penulis: Aan Suganda Aan
Suganda
Kode Jurnal: jphukumdd160516