Analysis of Judge's Decisions Against Narcotics Crime Perpetrators

Resumo

The aim of writing this thesis is to find out the principles applied by judges when they determine criminal sentences against individuals who personally abuse class I narcotics and the obstacles judges have in making decisions. The research was conducted at the Watampone District Court office. Data types are primary and secondary data. Primary data sources were obtained through direct interviews with Watampone District Court Judges. Apart from that, Decision number 288/pid.sus/2022/Pn Wtp. Secondary data comes from laws, documents and other legal regulations, as well as from literature from various journals and books. The results of the research prove that the basis for the judge's consideration is whether or not the narcotics case is serious or not and the characteristics and point of view of the perpetrator of narcotics abuse. The judge considers the incident that the defendant was proven to have committed narcotics abuse. Other considerations include various perspectives, namely juridical and non-juridical perspectives. the defendant's statement and legal facts revealed during the trial. Meanwhile, non-juridical considerations include the defendant's actions in the trial process, as well as aspects of age and responsibility. And what becomes an obstacle for judges when handing down decisions is the intervention of the parties towards the judges.