TINJAUAN YURIDIS PENYIMPANGAN TERHADAP PIDANA MINIMUM DALAM TINDAK PIDANA NARKOTIKA (STUDI PUTUSAN NOMOR 33/Pid.Singkat/2020/PN.Mks)

JURIDIC REVIEW OF DIFFERENCES AGAINST MINIMUM CRIMINAL ACTIONS IN NARCOTICS (STUDY OF DECISION NUMBER 33/Pid. Brief/2020/PN.Mks)

Abstract

This study aims to determine the judge's consideration in imposing sanctions under the minimum
sentence in the verdict case number 33 / Pid. Brief / 2020 / PN.Mks and to find out the sanctions
for judges who impose sentences under the minimum criminal sanction. The research method
used is normative legal research. Types and sources of data consist of primary data in the form
of statutory regulations, Supreme Court Circular Letters and Court Decisions as well as
secondary legal materials consisting of books, articles and journals related to this research. All
legal materials were analyzed qualitatively and presented descriptively analysis.
The results show that the judge's consideration in imposing criminal sanctions under the
minimum sentence is based on the Supreme Court Circular (SEMA) Number 3 of 2015 which
basically allows judges to deviate from the minimum crimes in Article 111 and Article 112 of the
Narcotics Law. Then there are no sanctions for judges who impose a sentence under the
minimum sentence, but every judge's decision that deviates from the minimum sentence must be
followed by sufficient consideration, both juridical and sociological considerations.