Pertimbangan Jaksa dalam Mengajukan Upaya Hukum Banding terhadap Putusan Narkotika Pemidanaan yang Dituntut RehabilitasI (Studi Kasus : Putusan Pengadilan Negeri Sei Rampah No. 716/Pid.Sus/2021, No. 287/Pid.Sus/2022, dan No. 65/Pid.Sus/2022 yang Diajukan Banding)

Abstract

This research is expected to serve as a learning experience for law enforcement agencies (the Indonesian National Police, the Public Prosecutor's Office, and the Judges) in upholding the spirit of law enforcement regarding narcotics crimes. The issues addressed are as follows: Firstly, the legal regulations concerning the filing of an appeal by the Indonesian Public Prosecutor's Office regarding the determination of the requested sentence by the Public Prosecutor in their requisitoir for perpetrators of narcotics crimes. Secondly, an analysis of the legal considerations by the Public Prosecutor in filing an appeal in narcotics cases that demand rehabilitation, using the case study of the decision of the Sei Rampah District Court. Thirdly, the factors influencing judges in sentencing defendants who are requested rehabilitation by the Public Prosecutor. This research is a descriptive-analytical juridical-normative study. The methodological approach used is a legislative approach. The data sources used are secondary data derived from legal materials in the form of final and binding court decisions obtained from the Clerk of the Sei Rampah District Court. These court decisions are used as case studies and analyzed using qualitative analysis methods. The results of the analysis indicate that: 1) The legal regulations regarding the filing of an appeal by the Indonesian Public Prosecutor's Office are based on Article 67 of the Criminal Procedure Code (KUHAP) and Guidelines of the Indonesian Public Prosecutor's Office No. 11 of 2021 on Handling Narcotics and/or Narcotics Precursor Crimes, Chapter V on Legal Remedies, point 1 letter b of Guidelines of the Indonesian Public Prosecutor's Office No. 11 of 2021 on Handling Narcotics and/or Narcotics Precursor Crimes; 2) In the context of analyzing the legal considerations of the Public Prosecutor in filing an appeal in narcotics cases that demand rehabilitation, the panel of judges has not applied relative sentencing regarding efforts for rehabilitation/treatment of offenders as "Addicts," "Drug Abusers," and "Victims of Drug Abuse"; 3) Judges in sentencing defendants who are requested rehabilitation by the Public Prosecutor are influenced by factors within the legal system, namely: legal substance factors, legal structure factors, and legal culture factors. It is recommended that judges consider the category of the offender. If the offender is a drug dealer, imprisonment as a punishment is appropriate. However, if the offender is an "Addict," "Drug Abuser," or "Victim of Drug Abuse," then rehabilitation-focused sentencing (relative sentencing) is more appropriate