JURIDICAL ANALYSIS OF LAW ENFORCEMENT AGAINST PERPETRATORS OF NON-PLANT BASED CLASS I NARCOTICS ABUSE METHAMPHETAMINE (CASE STUDY OF THE MADIUN DISTRICT COURT DECISION NUMBER 70/PID.SUS/2021/PN.MAD)

Pramudiva, Nadia Windi (2026) JURIDICAL ANALYSIS OF LAW ENFORCEMENT AGAINST PERPETRATORS OF NON-PLANT BASED CLASS I NARCOTICS ABUSE METHAMPHETAMINE (CASE STUDY OF THE MADIUN DISTRICT COURT DECISION NUMBER 70/PID.SUS/2021/PN.MAD). S1 thesis, Universitas PGRI Madiun.

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Abstract

The increasing prevalence of methamphetamine abuse indicates that Indonesia has become a major market for narcotics distribution, not just a transit point but also a primary target for illicit drug trafficking. This normative legal research analyzes the application of criminal law and the judge's considerations in Decision Number 70/Pid.Sus/2021/PN.Mad. Using a statutory and case-based approach through document study, the research results show that: First, Law No. 35 of 2009 comprehensively regulates the abuse of methamphetamine (a Class I narcotic), whose use is strictly for scientific purposes only. The criminal sanctions are applied in stages: Article 112 (possession), Article 114 (distribution), and Article 127 (abuser). Based on Articles 64 and 70, the National Narcotics Agency (BNN) is authorized to synergize repressive measures with preventive and rehabilitative efforts. Second, the Madiun District Court Decision No. 70/Pid.Sus/2021/PN.Mad correctly applied Article 114 paragraph (1) of Law No. 35/2009 because the defendant's actions met the qualifications for illicit trafficking, not just possession. The elements of actus reus (buying and selling methamphetamine), mens rea (intention), and unlawful nature were proven valid. Through the negative wettelijk system (Article 183 of the Criminal Procedure Code), the judge believed the defendant's guilt based on the conformity of witnesses, the defendant's statement, lab documents, and evidence. Third, the ratio decidendi of the 6-year sentence was legally based on valid evidence without any excuses/justifications, as well as consideration of aggravating and mitigating factors (non-legal). This sentencing uses a combined theory to realize the principle of proportionality (proportionele straf) between guilt and sanctions.. Keywords: Schedule I Narcotics, Methamphetamine, Law Enforcement, Ratio Decidendi, Madiun District Court Decision

Item Type:	Thesis/Skripsi/Tugas Akhir (S1)
Kata Kunci:	Schedule I Narcotics, Methamphetamine, Law Enforcement, Ratio Decidendi, Madiun District Court Decision
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum
Depositing User:	PRAMUDIVA WINDI NADIA
Date Deposited:	14 Aug 2026 06:05
Last Modified:	14 Aug 2026 06:05
URI:	http://eprint.unipma.ac.id/id/eprint/8877

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