ANALISIS YURIDIS PERTIMBANGAN HAKIM DALAM PUTUSAN NARKOTIKA (STUDI PUTUSAN NOMOR 208/PID.SUS/2015/PN TBK)

Abstract

Decision Number 208/Pid.Sus/2015/PN.Tbk declared the defendant, Muhammad Azis Bin Salipu, legally and convincingly guilty of unlawfully possessing Category I non-plant narcotics under Article 112 paragraph (2) of Law Number 35 of 2009 concerning Narcotics. However, the trial established that the defendant not only possessed the narcotics but also received them from one party to deliver them to another. This raises the legal issue of whether Article 112 paragraph (2) was appropriately applied or whether Article 114 paragraph (2), concerning narcotics trafficking, would have been more suitable. This study employs normative legal research using statutory, case, and conceptual approaches, with legal materials analyzed prescriptively. The findings show that the application of Article 112 paragraph (2) is legally justified because the element of unlawful possession was proven. Nevertheless, the defendant’s conduct also fulfilled the elements of receiving, acting as an intermediary, and delivering narcotics, making Article 114 paragraph (2) a more appropriate legal basis as it better reflects the defendant’s role in the narcotics distribution chain.