Analisis Yuridis Pemberatan Sanksi Pidana terhadap Residivis Pelaku Tindak Pidana Peredaran Narkotika (Studi Kasus Putusan Mahkamah Agung Nomor 2856 K/PID.SUS/2018)

Abstract

Circulation and abuse of narcotics in Indonesia has spread to almost all parts of Indonesia, especially in big cities. The effects of globalization and the results of technological advances can be enjoyed for the common good. But behind it appears the negative side that is very worrying for the survival of the younger generation. The flow of information and transformation that can no longer be contained causes Narcotics abuse to be increasingly difficult to control. Efforts to prevent, enforce the law, and reduce the crime of narcotics abuse are clearly a concern of the government, which is also inseparable from the role of judges as law and justice enforcement officers whose task is to try suspects or defendants. Judges have a very important role in a series of law enforcement processes, especially in sentencing, because all legal cases lead to their decisions. The formulation of the problem in this thesis research is how the criminal law system regulates the weighting of criminal sanctions against recidivist perpetrators of narcotics trafficking, how is the application of criminal law to recidivist perpetrators of narcotics trafficking in the Supreme Court decision Number 2856 K/Pid.Sus/2018, how to analyze which burdens judges in giving decisions against recidivist perpetrators of narcotics trafficking in the Supreme Court's decision Number 2856 K/Pid.Sus/2018. The research used is normative legal research. The nature of this research is descriptive analysis with a statutory approach (state approach) and an analytical approach (analytical approach), namely by analyzing cases (case studies) using qualitative methods to draw conclusions deductively. The results of the study can be seen that the criminal law system regulates the weighting of criminal sanctions against recidivist perpetrators of criminal acts of narcotics trafficking, which is different from ordinary criminal acts, namely the basis for imposing the crime based on the main criminal threat against the crime committed, but it is possible to add 1/3 of the criminal threat. (the existence of a criminal weighting due to recidive reasons), the punishment is imposed based on things that are proven based on the evidence in the trial and taking into account the aggravating and mitigating factors for the defendant as well as considering the threat of prosecution from the public prosecutor. The application of criminal law against recidivist perpetrators of narcotics trafficking in the Supreme Court's decision Number 2856 K/Pid.Sus/2018 is that the defendant was sentenced to prison for 10 (ten) years and a fine of Rp. 1.000.000.000,00 (one billion rupiah) with If the fine is not paid, it will be replaced with imprisonment for 6 (six) months.