ANALISIS YURIDIS PUTUSAN NOMOR 88/PID.SUS/2025/PN PMN PENJATUHAN DIBAWAH ANCAMAN PIDANA MINIMUM KHUSUS TINDAK PIDANA NARKOTIKA

Abstract

Drug crimes are extraordinary crimes that carry a specific minimum sentence, but in Pariaman District Court Decision Number 88/Pid.Sus/2025/PN Pmn, the defendant was sentenced to two years in prison, which is lower than the minimum sentence of four years. This study examines the conformity of the verdict with SEMA Number 4 of 2010 and the legal remedies that can be pursued, using a normative method with a regulatory and case approach, as well as prescriptive analysis. The results of the study show that the evidence was valid according to Article 183 of the Criminal Procedure Code, but the minimum criminal deviation was not in accordance with SEMA Number 4 of 2010 because the evidence of 1.38 grams of methamphetamine exceeded the relatively small amount limit. Furthermore, because the verdict is final and binding, based on Constitutional Court Decision Number 20/PUU-XXI/2023, there are no legal remedies available to the Public Prosecutor. Therefore, judges need to be more careful and improve their competence in applying special minimum penalties to ensure legal certainty.