Penerapan Asas Proporsionalitas dalam Penjatuhan Pidana terhadap Pelaku Peredaran Narkotika (Analisis Putusan Nomor: 669/Pid.Sus/2018/PN.Btm)

Abstract

Criminal law emphasizes a preventive function which aims to prevent people from committing criminal acts. The idea of criminal proportionality is more related to the judge's objective of sentencing as stated in his decision, such as that the defendant must be punished commensurate with his actions. One example occurred in the case of a perpetrator who distributed narcotics as contained in Decision no. 669/Pid.Sus/2018/PN.Btm. Based on the background description, the problems studied are: What is the legal regulation of criminal sentences against perpetrators of criminal acts, what is the philosophy of sentencing criminals against perpetrators of criminal acts of narcotics trafficking, and how is the application of the principle of proportionality of criminal law in sentencing criminals against perpetrators of narcotics trafficking in decision No. . 669/Pid.Sus/2018/PN.Btm. The research method used in this research is a type of normative legal research, which is supported by primary and secondary data sources, and qualitative analysis is carried out. The results of the research, namely the legal regulation of criminal penalties against perpetrators of criminal acts, in Article 54 of the Draft Criminal Code, states that in sentencing, consideration must be taken of the form of the perpetrator's fault, the motive and purpose of committing the criminal act, and/or the values of law and justice that exist in society. The philosophy of sentencing criminals to perpetrators of criminal acts of narcotics trafficking, as a judge, in deciding a case, must have considerations in accordance with the principles of justice. Application of the principle of proportionality of criminal law in decision no. 669/Pid.Sus/2018/PN.Btm that it is still felt that there is a lack of proportion between the crime and the actions committed, because the actions carried out by the perpetrator were not based on deliberate and structured intentions, but the perpetrator's actions were only as someone who happened to be invited without knowing what will he do.