PERTANGGUNGJAWABAN HUKUM PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA DAN OBAT-OBATAN TERLARANG (Suatu Studi Kasus PN. Kendari No. 534/Pid. Sus/2023/PN/KDI)

Abstract

This study aims to: 1). To find out how the legal responsibility of perpetrators of narcotics and drug abuse crimes is. 2). To find out and understand the inhibiting factors in handling narcotics and drug abuse crimes. This study is an empirical study, by examining the literacy of laws and regulations related to the material for writing the thesis. The data collection technique in the study was carried out by interviews and literature studies related to the title of the thesis being raised. Furthermore, the data was processed and analyzed using a qualitative descriptive method by explaining and describing the reality that occurred. The results of this study conclude how the legal responsibility of perpetrators of narcotics and drug abuse crimes is based on the author's research conducted at the Kendari District Court on May 7, 2024, by looking at the results of the decision at the Kendari District Court Class 1 A Number 534 / pid. Sus / 2023 / Pn Kdi Where the existing decision has provided sufficient justice and legal certainty for the community because drugs do not see the class of social strata of society in their circulation so that law enforcement is very appropriate if it is in the form of imprisonment. Factors that can be obstacles in handling criminal acts of narcotics and illegal drug abuse, both in general, internal legal institutions and those originating from the community include corruption, lack of skills, order and drug abuse, imbalance of priorities, lack of strategy between departments, weak governance, incompetence, external interference, inability to provide protection, injustice in the use of cases.