Pertimbangan Hakim Dalam Menjatuhkan Putusan Pidana (Studi Kasus Pada Putusan Nomor 317/PID.SUS/2019/PN.PDG)

Abstract

Narcotics are defined as substances or drug which derived from plant or non-plant, both synthesis and semi synthesis wherein a person who consume it could be punished. Criminal offenses against Narcotics Abuse which are regulated in accordance with criminal provisions in the constitution number 35 year 2009 about Narcotics regulated in Articles 110 through 148. The formulation of the problem will be discussed as follows: 1) What is the Form of Decision and Verification in Decision Number 317 / Pid.Sus / 2019 / PN.Pdg? 2)    What is the basis for the Judge's consideration in imposing a criminal decision in a sentence number: 317 / Pid.Sus / 2019 / PN.Pdg? The methods which are used in this research is a juridical normative approach, with descriptive research specification. The location used in the collection of research data is on the Class I A Padang District Court website. While the data analysis method used is qualitative normative. The results of this study can be seen that the basic considerations of judges in imposing criminal sentences in case decisions No. 317 / Pid.Sus / 2019 / PN.Pdg namely the conviction and evidentiary decision made by a judge in accordance with articles 181-185 of the Criminal Code. The basic considerations of judges in imposing criminal penalties in case number 317 / Pid.Sus / 2019 / PN.Pdg, Has fulfilled the elements adjusted to article 127 paragraph 1 letter (1) of Law Number. 35 of 2009 concerning Narcotics. The elements are every single person, and abuse of Group 1 Narcotics for ourselves about the abusing of the narcotics group 1 for ourselves toward the defendant Mulyadi imposed a 2-year prison sentence, intended coaching for the defendant so that after completing his criminal conduct; he could be a better person and Incriminating things and Mitigation is the Judge consideration to impose a criminal sentence