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Pertanggung Jawaban Pidana terhadap Orang yang dengan Sengaja Tidak Melaporkan Adanya Tindak Pidana Narkotika (Studi Kasus Putusan No:597/Pid.Sus/ 2023/ pn pbr)

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The government in this case plays an important role in combating and dealing with the drug problem. Law Number 35 of 2009 concerning Narcotics was enacted to stop, eradicate the abuse and illicit circulation of narcotics. As part of the government's efforts to combat narcotics crimes, the public is asked by the government to report to the police and the National Narcotics Agency (BNN) if they know of drug crimes, as stipulated in Article 131. Based on the background of the above problems, it can be formulated how criminal liability for people who deliberately do not report narcotics crimes, and how the judge's consideration in deciding cases against people who deliberately do not report narcotics crimes in Case Study Decision Number 597/Pid.Sus/2023/PN Pbr. This research uses a normative legal research method by examining library materials (secondary data) as a basis for research by conducting an investigation of regulations and literature related to the problem being studied. Collecting data includes primary legal materials, secondary legal materials and tertiary legal materials. The results of the research in this study are: Firstly, based on the legal facts obtained in the trial, it is stated that the Defendant knew about the narcotics crime committed by his colleagues but the Defendant did not report it. Case Study Decision Number: 597/Pid.Sus/2023/Pn.Pbr. Second, based on the judge's consideration in issuing a decision against the Defendant, it is based on valid evidence, namely witness testimony, testimony of the defendant, and other evidence in the trial so as to obtain complete legal facts. The Panel of Judges considered the ability to be responsible for the actions of the Defendant in Case Number 597/Pid.Sus/2023/Pn.Pbr The defendant at the time of committing his actions was classified as a person who could be held accountable for his actions under criminal law. Also, the Panel of Judges did not find any justification and excuse that could release the Defendant from this responsibility. Therefore, the defendant was found guilty of violating Article 114 paragraph (2) jo Article 131 Number 35 of 2009 concerning Narcotics and sentenced to 1 (one) year in prison, which is much lighter than the public prosecutor's demand, namely the death penalty.

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Detail Information

Call Number

Hukum 345.01Ric p

Language

Indonesia

NPM

201010334

Publisher

Pekanbaru : Universitas Islam Riau., 2024

Keyword(s)

Tindak Pidana
Judge Considerations
People Deliberately Don't Report,
Criminal Liability

Other Information

Petugas

Uthi Kurnia

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