Fadila, Harris Cahya (2024) PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA PEREDARAN NARKOTIKA BERDASARKAN HUKUM POSITIF DI INDONESIA (Studi Kasus: Putusan Nomor 152/Pid.Sus/2024/PN Smg). Masters thesis, Universitas Islam Sultan Agung Semarang.
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Abstract
Law enforcement against Narcotics crimes according to the Narcotics Law is subject to imprisonment, fines, life imprisonment and other sanctions as taken into consideration by the judge in Decision Number 152/Pid.Sus/2024/PN Smg, so it is interesting to examine criminal responsibility. against criminal narcotics crimes such as crystal methamphetamine in the Semarang City area. The aim of this research is to analyze criminal liability for perpetrators of narcotics trafficking crimes. Analyze criminal liability for perpetrators of narcotics trafficking crimes and solutions to these obstacles. The approach method used in this research is the sociological juridical method, using primary data and secondary data, then explained qualitatively. This research is more specific by conducting descriptive analysis research. The theory used is the theory of criminal responsibility, legal system theory. The results of this research are (1) Criminal responsibility for perpetrators of criminal acts of narcotics trafficking, as in Decision Number 152/Pid.Sus/2024/PN Smg, reflects the application of the theory of criminal responsibility which requires fulfillment of the elements of unlawful acts, mistakes, and capacity. to be responsible. DEP, which knowingly and deliberately sells, owns and stores methamphetamine-type narcotics without rights, has fulfilled these elements in accordance with Article 114 paragraph (1) of Law Number 35 of 2009 concerning Narcotics. Through strong evidence, DEP was found guilty and sentenced to five years in prison and a fine of IDR 1 billion, which reflects legal accountability for its actions. This decision is not only a form of individual responsibility for the perpetrator but also an instrument of justice that provides a deterrent effect and maintains social order. (2) Barriers to criminal accountability for perpetrators of criminal narcotics trafficking, if analyzed through Lawrence M. Friedman's legal system theory, include weaknesses in legal substance, legal structure and legal culture. The legal substance does not yet clearly differentiate between addicts and dealers, creating gaps in interpretation that are detrimental to justice. The legal structure has weaknesses in the management of evidence, which reduces the credibility of law enforcement officials. Legal culture shows the influence of internal factors such as egoism and trauma on perpetrators. The solution includes revising the legal substance to clarify the role of the perpetrator, implementing a technology-based evidence management system with strict supervision, and strengthening character education and community-based rehabilitation. Keywords: Criminal Liability; Perpetrator; Narcotics.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Pascasarjana Pascasarjana > Magister Ilmu Hukum |
| Depositing User: | Pustakawan 3 UNISSULA |
| Date Deposited: | 10 Mar 2025 02:36 |
| URI: | http://repository.unissula.ac.id/id/eprint/38052 |
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