PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA PENJARA DARIPADA REHABILITASI TERHADAP PENYALAHGUNA NARKOTIKA DI PENGADILAN NEGERI PEKANBARU KELAS IA

Abstract

This thesis aims to find out the considerations of judges in imposing prison
sentences on narcotics abusers at the Pekanbaru District Court Class IA.
Narcotics abuse is a serious problem that affects society at large. Judges as
important decision makers in the criminal justice system play a role in deciding
whether narcotics abusers should be given prison sentences or given other
alternatives such as rehabilitation. This study aims to determine the
considerations of judges in making decisions on imprisonment and the factors that
influence it at the Pekanbaru District Court Class IA. In Law Number 35 of 2009
concerning Narcotics it is explained that Narcotics abusers must not be jailed but
sentenced to Rehabilitation because the Narcotics Law guarantees abusers get
rehabilitation efforts (Article 4d). In this writing, the writer focuses on Narcotics
Abuser, who in practice, the view of Narcotics Abusers as perpetrators of crime is
still more dominant than the health and healing approach to Narcotics
dependence. The purpose of writing this thesis: first, to find out what are the
obstacles faced by Class IA Pekanbaru District Court Judges to Provide
Rehabilitation for Narcotics Abusers. Second, to find out what the Pekanbaru
District Court Judge considers in imposing prison criminal sanctions on narcotics
abusers. Third, to find out what are the efforts to overcome the obstacles to
implementing the rehabilitation of narcotics abusers. The research methodology
involves collecting primary data through interviews with judges who are
authorized to try cases of narcotics abuse at the Pekanbaru District Court Class
IA. In addition, secondary data consisting of court decisions and relevant laws
and regulations.
From the research results, there are 3 main things that can be concluded:
First, the consideration of the Class IA Pekanbaru District Court Judge is
considering that because of all the elements of Article 112 paragraph (1) in
conjunction with Article 132 paragraph (1) RI Law number 35 of 2009
concerning Narcotics and secondly Article 127 paragraph (1) letter a RI Law
number 35 of 2009 in conjunction with article 55 paragraph (1) to 1 of the
Criminal Code is fulfilled. Second, the obstacles in the implementation of
rehabilitation can be seen from the perspective of law enforcement officials, and
the existence of a double track system in the law itself. Third, efforts that can be
made in dealing with obstacles in the implementation of rehabilitation