ANALISIS HUKUM PEMBUKTIAN TERHADAP PUTUSAN BEBAS
DALAM KASUS TINDAK PIDANA NARKOTIKA
(Studi Putusan Pengadilan Negeri Kendari Nomor: 405/Pid.Sus/2016/PN. Kdi)
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Institusion
Universitas Halu Oleo
Author
YUSUF MARS, G2R1 16 011
Subject
Pembuktian Tindak Pidana
Datestamp
2019-11-06 05:23:25
Abstract :
ABSTRACT Yusuf Mars, G2 R1 16 0111, Legal Analysis of Proof Against the Verdict in the Case of The Crime of Narcotics (a Study of the Court’sDecision of Kendari of Number: 405/Pid.Sus/2016/PN.Kdi). This study aims to find out and analyze the legal considerations and decisions of judges in the decision number: 405/Pid.Sus/2016/PN. Kdi already in accordance with legal provisions and to find out and analyze provisions for proof in number cases: 405/Pid.Sus/2017/PN with applicable legal provisions. This type of research is law normative research type. Law normative research type is a process for finding a rule of law, law principles, or law doctrines to answer legal problems faced. The results of this study indicate that legal considerations and judges' decisions in this case are in principle in accordance with statutory provisions. The judge in considering the imposition of this case decision is based on consideration of balance in terms of the conditions specified by the Act or the indictment of the Public Prosecutor. However, the Judge did not assess ownership or control of a narcotics in the purpose and purpose. Proof in this case is in accordance with the provisions of the Act where proof in this case is proof that is built on the Act Positive. Proof in this case does not lead to proof of the abuse of authority of the defendant as an investigator who violates the Standard Operating Procedure for storing the Tester which is also a violation of the National Code of Ethics of the National Police. keywords: Law of Proof, Evidentiary Ruling, The Criminal Offence of Narcotic
ABSTRACT Yusuf Mars, G2 R1 16 0111, Legal Analysis of Proof Against the Verdict in the Case of The Crime of Narcotics (a Study of the Court’sDecision of Kendari of Number: 405/Pid.Sus/2016/PN.Kdi). This study aims to find out and analyze the legal considerations and decisions of judges in the decision number: 405/Pid.Sus/2016/PN. Kdi already in accordance with legal provisions and to find out and analyze provisions for proof in number cases: 405/Pid.Sus/2017/PN with applicable legal provisions. This type of research is law normative research type. Law normative research type is a process for finding a rule of law, law principles, or law doctrines to answer legal problems faced. The results of this study indicate that legal considerations and judges' decisions in this case are in principle in accordance with statutory provisions. The judge in considering the imposition of this case decision is based on consideration of balance in terms of the conditions specified by the Act or the indictment of the Public Prosecutor. However, the Judge did not assess ownership or control of a narcotics in the purpose and purpose. Proof in this case is in accordance with the provisions of the Act where proof in this case is proof that is built on the Act Positive. Proof in this case does not lead to proof of the abuse of authority of the defendant as an investigator who violates the Standard Operating Procedure for storing the Tester which is also a violation of the National Code of Ethics of the National Police. keywords: Law of Proof, Evidentiary Ruling, The Criminal Offence of Narcotic
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