ANALISIS YURIDIS PUTUSAN HAKIM TERHADAP OKNUM APARAT KEPOLISIAN YANG MELAKUKAN TINDAK PIDANA NARKOTIKA

Abstract

This narcotics problem has reached an alarming level, the distribution of narcotics in
Indonesia has a tendency to increase and it is very unfortunate that narcotics users and
dealers are currently being carried out by law enforcement officials, one of which is members
of the police. Based on Article 13 of Law Number 2 of 2002 concerning the Police, one of the
duties of the police is to enforce the law, especially in eradicating narcotics, but the fact is
that there are still police officers who are involved in this narcotics crime, therefore the
punishment given must be heavier than ordinary people . However, the verdict handed down
by the judge even imposed a sentence below the minimum limit. The existence of the judge's
decision is very influential on justice. The purpose of this study is to find out and analyze the
basic considerations of judges against police officers who commit narcotics crimes and
formulate ideally the imposition of criminal sanctions given by judges to police officers who
commit narcotics crimes for the future.
The type of research that will be used in this research is normative juridical in nature,
the source of the data used is secondary data obtained through library materials consisting
of primary, secondary and tertiary legal materials. In collecting data for research used
library research methods. This research also used qualitative data analysis and produced
descriptive data using deductive thinking methods.
From the results of the research, First, the basis for the judge's consideration of the
police officers who commit narcotics crimes is described based on juridical and non-juridical
considerations. In this case the judge is also guided by SEMA Number 3 of 2015 concerning
Enforcement of the Results of the Plenary Meeting of the Supreme Court Chamber of 2015 as
a Guideline for the Implementation of Tasks for the Court to become the basis for the panel
of judges in imposing below minimum sentences in decisions related to police officers who
commit narcotic crimes. Second, Ideally, the imposition of criminal sanctions given by judges
to police officers who commit narcotics crimes for the future in Law Number 35 of 2009
concerning Narcotics requires rules regarding the weighting of special penalties given to law
enforcement officials who become users or dealers of narcotics with impose criminal
sanctions on users and dealers with an additional 1/3 (one third) imprisonment considering
that these perpetrators are police officers who are supposed to enforce the law.

Keywords: Narcotics Crime - Police Officers - Judges Decision