PENEGAKKAN HUKUM TERHADAP PEMAKAI GANJA KERING BERDASARKAN PASAL 127 AYAT (1) UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA

Studi Kasus Putusan Nomor : 62/Pid.Sus/2021/PN.Cms

Abstract

influences on the user's body or psyche, altering consciousness and behavior. The resulting effects can include sedation, stimulation, and hallucinations. This has long been an issue in society and requires special attention. Article 127, Paragraph (1) of the Republic of Indonesia Law No. 35 of 2009 on Narcotics states: 1. Any misuse: a. Category I Narcotics for personal use is punishable by a maximum imprisonment of 4 (four) years; b. Category II Narcotics for personal use is punishable by a maximum imprisonment of 2 (two) years; and c. Category III Narcotics for personal use is punishable by a maximum imprisonment of 1 (one) year. Marijuana is a plant consisting of the seeds, flowers, leaves, and stems of dried Cannabis sativa. According to Law No. 35 of 2009, marijuana is a type of narcotic prohibited for healthcare services and can only be used for research and scientific development. Marijuana is classified as a Category I Narcotic. As in the case of Verdict No. 62/Pid.Sus/2021/PN.Cms, where the defendant Tata Rojali Bin Otang Sopandi was caught red-handed carrying a small box containing dried marijuana. The problem identified is the law enforcement against dried marijuana users based on Article 127, Paragraph (1) of the Republic of Indonesia Law No. 35 of 2009 on Narcotics, as well as the judge's considerations in law enforcement against dried marijuana users based on Article 127, Paragraph (1) of the Republic of Indonesia Law No. 35 of 2009 on Narcotics. The research method used is the Descriptive Analytical method, which is a way to solve problems or answer current issues using a normative juridical approach, a legal research method conducted by examining material from an event to be analyzed in the literature or secondary data as the basic material to be related to the applicable legislation. The data collection techniques used are library research and field research with observation and interviews. The conclusion is that law enforcement for dried marijuana users is regulated in Law No. 35 of 2009 on Narcotics, which not only regulates the eradication of criminal sanctions for narcotics abuse but also for the abuse of narcotic precursors for narcotics production. This imposition of criminal sanctions is manifested in the form of special minimum penalties, 20 years imprisonment, life imprisonment, and even the death penalty based on the category, type, size, and quantity of narcotics, with the hope that the imposition of these heavy criminal sanctions will make the eradication of narcotic crimes effective and achieve maximum results. The judge's considerations in the case of Verdict No. 62/Pid.Sus/2021/PN.Cms, with the defendant Tata Rojali Bin Otang Sopandi, are based on field facts, witness testimonies, the suspect's confession, the presence of evidence, and the aggravating and mitigating factors for the defendant during the trial.