ANALISIS HUKUM PENERAPAN TEORI RATIO DECIDENDI TERHADAP PUTUSAN HAKIM DALAM PERKARA TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA ANAK DI BAWAH UMUR (Studi Kasus Putusan Pengadilan Negeri Serang Nomor 25/Pid.Sus-Anak/2016/PN.SRG.)
| Main Author: | Alamsyah, Bintang |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2018
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| Subjects: | |
| Online Access: |
https://eprints.untirta.ac.id/1650/1/ANALISIS%20HUKUM%20PENERAPAN%20TEORI%20%20RATIO%20DECIDENDI%20TERHADAP%20PUTUSAN%20HAKIM%20DALAM%20PERKARA%20TINDAK%20PIDANA%20PENYALAHGUNAAN%20NARKOTIKA%20ANAK%20DI%20BAWAH%20UMUR.PDF https://eprints.untirta.ac.id/1650/ https://fh.untirta.ac.id/ |
Daftar Isi:
- This Undergraduate thesis discusses the court's decision regarding Child narcotics. Chronology The case is in the form of Narcotics abuse in which he is prosecuted by a one-year prosecutor and compulsory job sentenced to eight months in prison and three months compulsory job training. It is clear in the rules of Narcotics Law number 35 of 2009 training in lieu of a three-month fine and the judge is article 112 paragraph 1 that people who abuse drugs are subject to a minimum sentence of four years imprisonment but in this case the child is only sentenced to eight months in prison even if seen in article 81 paragraph 2 children should be punished 1 / 2 from adult sentences and become a two-year prison sentence. why can the different das sollen law and das sein what causes the difference then the researcher identifies. A. What is the legal consideration of the judge in making a decision on a narcotics crime against minors in the Decision of the Serang District Court Number: 25 / Pid.Sus-Anak / 2016 / PN.SRG? .B. How do legal considerations regarding the Verdict of the Serang District Court Number: 25 / Pid.Sus-Anak / 2016 / PN.SRG be related to the theory of ratio decidendi in child protection? Previously researchers used normative juridical research methods and the results of the research that the first judge decided the case this uses the logic of thinking with the wisdom theory and the second the researcher uses the perspective of the ratio decidendi theory and the result is that the child should be sentenced to two years and also see the urgency of narcotics in Indonesia. Keywords: ratio decidendi theory, children, narcotics, Serang District Court