PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN TERHADAP PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH ANGGOTA POLRI (Studi Kasus Putusan Nomor 380/Pid.Sus/2019/PN. Pal)

ABSTRACT

Reza Ihamzah, D 101 17601. Considerations of Judges in Telling a Verdict on Criminal Acts of Narcotics Abuse by Indonesian National Police (A Case Study in Decision Number 380/Pid.Sus/2019/Pn. Pal). Supervised by H. Hamdan Hi. Rampadio.

The research problem was “What is the consideration of judges in telling a verdict on criminal acts of narcotics abuse by Indonesian National Police? This research aims to find out the basis for the consideration of judges in telling a verdict on criminal acts of narcotics abuse by Indonesian National Police. The research type was normative legal research. The research conducted focuses on positive legal norms in the form of statutory regulations. The conclusion of this research is in the case of I Nyoman Suardana, it started on Friday, 22 July 2016 and was only decided in the deliberation session of the panel of judges at the District Court Palu, on Thursday, January 9, 2020, By Hj. Aisa Hi. Mahmud, SH, MH, as the Head Judge, Rosyadi, SH, MH, and Andri Natanael Partogi, SH. MH as the member judges. I Nyoman Suardana is a member of the Indonesian National Police who is being prosecuted by the public prosecutor who stated that Defendant I Nyoman Suardana was legally and convincingly proven guilty of committing the crime of narcotics abuse, defendant I Nyoman Suardana was assigned to the National Narcotics Agency (BNNK) of Palu City. Before the incident, Defendant I Nyoman Suardana and team arrested the crystal meth case on Batu Bata Indah street in South Tatura village, South Palu Subdistrict, Palu city, the defendant and team had arrested 3 suspects carrying 1 (one) ball crystal meth package weighing ± 78 (seventy-eight) grams. The defendant I Nyoman Suardana was one of the most senior members so that the defendant was given the responsibility to store the evidence of crystal meth but the defendant's colleague unknowingly put aside 1 (one) packet of crystal meth and wrapped it in plastic candy to be given to the informant (cepu).

Keywords: The Member of Indonesian National Police, Narcotics, Judges' Considerations; Criminal Acts