PENERAPAN PASAL 127 (2) UU NO. 35 / 2009 TENTANG NARKOTIKA OLEH HAKIM TERHADAP PENGGUNA NARKOTIKA YANG DIHUKUM REHABILITASI DI PENGADILAN NEGERI JAMBI

ZUHDI, ZUHDI (2020) PENERAPAN PASAL 127 (2) UU NO. 35 / 2009 TENTANG NARKOTIKA OLEH HAKIM TERHADAP PENGGUNA NARKOTIKA YANG DIHUKUM REHABILITASI DI PENGADILAN NEGERI JAMBI. Tesis thesis, Universitas Batanghari.

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Abstract

ABSTRACT Law Number 35 of 2009 concerning Narcotics also regulates the existence of a rehabilitation program for narcotics addicts or as victims of narcotics abusers, the presence of addicts or narcotics abusers is inseparable from the illicit trafficking of narcotics that occurs widely in the community, this medical and social rehabilitation is aimed at to treat or cure addicts or victims of narcotics abuse from dependence on such illicit goods. The research method uses a sociological juridical approach which is descriptive in nature with data sources consisting of primary data, namely interviews and secondary data, namely primary, secondary and tertiary sources of law. Methods of data collection by interview and literature study, then the data were analyzed qualitatively. The results showed that the judges' verdicts in criminal cases of narcotics abuse were not always the same, due to several factors such as economic, social and legal facts revealed in the trial. Application of Article 127 (2) of Law number. 35/2009 concerning Narcotics By Judges against narcotics users who were sentenced to the Rehabilitation of the Jambi District Court. The basis for the judge's consideration in the criteria of being rehabilitated or convicted is based on evidence that the abuser is a victim and evidence of an assessment from the hospital and / or place of rehabilitation as well as an expert's statement, namely a doctor who provides information on the extent of his dependence and the existence of a rehabilitation proposal from the defendant. Constraints faced by Judges in determining rehabilitation sanctions for narcotics users. Keywords: Rehabilitation, judge's consideration

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