Judges' Considerations in Sentencing a Prison Under Special Minimum Criminal Threats in the Solok District Court (Case Study of Decision Number 40 / Pid.Sus / 2014 / Pn. Slk)

Abstract

Base on the data from Indonesian Narcotic National Body and Indonesian National Police the number of confiscate Narcotic and Narcotics criminal offender continue to increase every years. To realize national purpose of Indoensian to protection all Indoensian people, exspecialy from dangerous of Narcotic, Indoensian Government and Representaion House of Indonesian has issued some law of Narcotics Dealer in Indonesian, the last law Narcotics Dealer in Indonesia that has issued is Narcotics Dealer Act Number 35 year 2009. One of the new consept in this Narcotics Dealer Act Number 35 year 2009 is specific minimal criminal sanctions that regulated in article 111 to article 126. But the fact, in Indonesian’s court practice, Judge’s decision were did not always obeying the limit of specific minimal criminal sanctions. One of the Court Judgement that were did not obeying the limit of specific minimal criminal sanctions in Narcotics criminal case as defendant of Agusrini in Judge’s decision number 40 / Pid.Sus / 2014 / PN.SLK at July 17 2014 in District Cour Of Solok, meanwhile in District Cour Of Solok another Narcotic criminal case Judge’s decesion in were obeying the limit of specific minimal criminal sanctions. This situation make uncertainty of the law. Base on the legal problems, by using normative approach in case approach, this research tries to analyze the proof of Narcotics criminal case is defendant of Agusrini in District Cour Of Solok, and the the judge’s cosideration imprisonment under specific minimal criminal sanctions of article 111 section 1 Act Number 35 year 2009 by applied criminal law theory and other related law theory. The conclusions as the result of this research are: The proof of  Narcotics criminal case is defendant of Agusrini in District Cour Of Solok hase fulfilled threshold proof in Indonesian procedure of criminal (Negatief Wettelijk); and the judge’s cosideration in Court Judment on Narcotics criminal case as defendant of Agusrini in District Cour Of  Solok imprisonment under specific minimal criminal sanctions of article 111 section 1 Act Number 35 year 2009 has applied judges independent theory that connected to theory of justice and teory of punishment