ANALISIS PUTUSAN PENGADILAN NEGERI STABAT NOMOR 92/PID.SUS/2021/PN.STB DENGAN HAK TERDAKWA DAN ASAS KEMANFAATAN

Abstract

In the Decision of Stabat District Court Number 92/Pid.Sus/2021/PN.Stb, the judge imposed a two-year prison sentence on the defendant who committed the offense of drug abuse of Class I narcotics for personal use under Article 127 paragraph (1) of Law Number 35 of 2009. The problem in this decision relates to the principle of utility, given that utility is one of the objectives of law, alongside justice and legal certainty, which should be realized in every decision. The problem is also evident from the imposition of a prison sentence without the provision of rehabilitation, even though the defendant is a drug abuser for personal use who normatively has the right to rehabilitation. This research aims to analyze the judge's decision based on the principle of utility and the fulfillment of rehabilitation requirements. The research method used is normative juridical with a conceptual approach, legislative approach, and case decision study. The research results show that imprisonment does not provide optimal benefits for the defendant and the defendant has met the requirements to obtain rehabilitation. In conclusion, the decision does not reflect the principle of utility and demonstrates a disregard for the defendant's rehabilitation rights as a drug abuser for personal use.