| Issue |
SHS Web Conf.
Volume 54, 2018
The 1st International Conference on Law, Governance and Social Justice (ICoL GaS 2018)
|
|
|---|---|---|
| Article Number | 08003 | |
| Number of page(s) | 5 | |
| Section | Criminal Law | |
| DOI | https://doi.org/10.1051/shsconf/20185408003 | |
| Published online | 14 November 2018 | |
Problems in Deciding the Case of Narcotics Abuse (The application of Article 127 of Law No. 35 of 2009 on Narcotics)
Faculty of Law Jenderal Soedirman University, Purwokerto 53122, Indonesia
* Corresponding author: ranihendriana27@gmail.com
The abuse of narcotics is now a common enemy that encourages the formation of various related regulations. However, on the implementation level, there are problems in deciding cases of narcotics abuse, especially related to the application of Article 127 of Law no. 35 of 2009 on Narcotics. This study aims to identify problems in deciding cases of narcotics abuse in order to identify the solution. The method used in this research is normative juridical. The results showed that there are two main issues that arise. First, the tendency of the Prosecutor to indict the abuser by Article 111 or 112 of Law no. 35 of 2009. Although there is currently a SEMA no. 3 of 2015, in which judges may violate the specific minimum criminal threats, the application of SEMA still creates a polemic. Secondly, the perspectives of prosecutors and judges who tend to convict drug abuse prisoners rather than ordered to rehabilitate them.
© The Authors, published by EDP Sciences, 2018
This is an open access article distributed under the terms of the Creative Commons Attribution License 4.0 (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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