PERTIMBANGAN HAKIM PENGADILAN TINGGI DALAM MEMERIKSA JUDEX FACTIE TERHADAP PENYALAHGUNA TINDAK PIDANA NARKOTIKA (STUDI KASUS PUTUSAN NOMOR 503/PID.SUS/PT PBR)

Abstract

Indonesia has long taken legal steps to tackle the dangers of narcotics, both
through making regulations in the form of legislation by issuing Law Number 22
of 1997 which is now Law Number 35 of 2009. In the case of decision Number
503/ Pid.Sus/2022/PT Pbr case of narcotics use which in the verdict was charged
under Article 112 Paragraph (1) of Republic of Indonesia Law Number 35 of
2009 which ignored the facts of the trial (judex factie). The first aim of this
research is to analyze the High Court judges' considerations in examining the
judex factie case in decision number 503/Pid.Sus/2022/PT Pbr and find out the
legal consequences. The second is to find out about high court judges in handing
down judex factie decisions at the High/Appeal Court level.
The type of research used in this research is normative juridical legal
research or can also be called doctrinal legal research. Normative juridical legal
research is library legal research. The research uses qualitative analysis which
produces descriptive data.
The results of this research examine the analysis that the verdict in case
number 503/Pid.Sus/2022/PT Pbr, the defendant was sentenced to prison for 2
(two) years 6 (six) months, this is below the minimum provisions that have been
regulated and give rise to The legal consequences should be Article 127
Paragraph 1 letter a of the Narcotics Law which is applied in decision number
503/Pid.sus/2022/PT Pbr and the defendant can be sentenced to criminal
provisions in accordance with the Law, namely a rehabilitation sentence. Article
183 of the Criminal Procedure Code states that "a judge may not impose a crime
on a person unless, with at least two valid pieces of evidence, he is convinced that
a criminal act has actually occurred and that the defendant is guilty." The judge
can make a decision according to the evidence and facts revealed at the trial.

Keyword: Judex factie, Narcotic Crime, Judge.