raisa, dona (2013) ANALISIS PERTANGGUNGJAWABAN PIDANA PELAKU PENGEDAR PIL EKSTASI MENURUT UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA (Studi Putusan Pengadilan Negeri Nomor 565/PID/SUS/2011/PN.TK). poenale, 1 (1). pp. 101-103. ISSN 2338-7386


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Abstract The use of words of every person without rights and against the law in some articles of Law number 35 in 2009 about narcotics without considering deliberateness aspect may trap persons who in fact do not have any intentions to conduct narcotic crime, either with coercion, pressure, or ignorance. In case No.565/PID/SUS/2011/PN/TK, the criminal actor was arrested in a home and the actor breached Law number 35 in 2009 Article 114 Clause (2) about narcotic trading classification I of non narcotic plant, and the actor was sentenced with 6 (six) years prison. The purpose of this research is to know how did the responsibility of ecstasy pill distributor and what were basic considerations of the jury in sentencing. This research used normative and empirical jurisdiction approaches. The results and discussions of this research showed that the actor should account for his action because his deliberateness, where the ecstasy pill distributor was aware and understood that his action was deliberately breaching the law. The jury's considerations in sentencing were based on the accused's background and motive, the influence of criminal sentence upon the accused, the accused's attitude after conducting the crime, and the accused's attitude during the trial. The researcher suggests that the general prosecutor and jury are able to give the right verdict for the accused so that the sentence will be proper and fair. The jury should consider the existing aspects in making legal decision to prevent arbitrariness in making legal decision. Keywords: distributor,ecstasy pill, and narcotic

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User: DONA RAISA
Date Deposited: 08 Sep 2016 03:19
Last Modified: 08 Sep 2016 03:19
URI: http://repository.lppm.unila.ac.id/id/eprint/542

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