Criminal Execution of Special Minimum Amercement Sanctions in Law of the Republic of Indonesia Number 35 of 2009 Concerning Narcotics (Case In jurisdiction of the Dharmasraya State Prosecutor's Office Jurisdiction)

Abstract

This study discusses about In this thesis discusses the execution of criminal fines specifically in narcotics crimes in the Dharmasraya District Attorney from 2014 to 2017 which have never been carried out, because the amount of criminal fines imposed is too high so that the convicted person is unable to pay. The convicted person prefers to pay a fine as regulated in article 148 undang-undang nomor 35 tahun 2009 about narkotika concerning Narcotics to be replaced with a maximum imprisonment of 2 (two) years. problem of the execution of a special minimum amercement sanctions in undang-undang nomor 35 tahun 2009 about narkotika and to resolve the problem of the execution of a the execution of a special minimum amercement sanctions in undang-undang nomor 35 tahun 2009 about narkotika in the jurisdiction of the Dharmasraya State Prosecutor's Office. The research method used in this thesis is a sociological (empirical) juridical research method. Theories used to analyze these problems are Criminal Theory and Law Enforcement Theory. The technique of collecting and processing data from document studies and interviews and analyzed with qualitative analysis is to use percentages. The method used is the type of empirical research with the location Dharmasraya State Prosecutor's Office Jurisdiction. The results is all of narcotics criminal cases handled by the Dharmasraya State Prosecutor's Office Jurisdiction, none of the convicted persons carried out criminal fines decided by the judge. The convicts chose to carry out imprisonment in lieu of fines rather than pay criminal fines. This is due to two main factors namely the economic limitations of the convicted persons and the possibility of the perpetrators to replace the fines with substitute imprisonment which is very short term and is considered more profitable. Efforts to resolve it need improvement in three aspects, namely the law enforcement aspect by increasing the professionalism of prosecutors, regulatory aspects need to be improved so that criminal fines can be applied in accordance with economic conditions, and aspects of society by increasing Knowledge and public opinion of criminal fines also need to be improved in particular that criminal fines are also one of the main criminal sanctions that can also fulfill the purpose of criminal fines.