pengaruh ketidaktepatan penerapan undang-undang oleh jaksa penuntut umum dalam penyusunan surat dakwaan terhadap pelaku tindak pidana narkotika dihubungkan dengan putusan hakim dan kepastian hukum.
ABSTRACT
The influence of incorrect application of law by public prosecutors in
the indictment against perpetrators of the narcotics crime anchored
by jurisprudence and the rule of law.
Aldi Pangrestu
110111100175
Public prosecutor mistake in applying the correct article in the
indictment led to the two dissenting opinion for the judges in their ruling
against the perpetrators of the crime of narcotics. There are judges who
choose to acquit the perpetrators while some other decides to punish outside
of the indictment of public prosecutors. The purpose of this study was to
determine the influence of inaccurate application of laws by the public
prosecutor in the drafting of indictments against perpetrators of narcotics and
to determine the constraints of those public prosecutors in preparing the
indictments against the perpetrators of the crime of narcotics.
This study is done using a normative juridical approach,which is
research based on the study of documents that examines the primary
materials, secondary materials and tertiary material. Results of the study will
be analyzed by juridical qualitatively by way of merging data from the study of
the documents and field study.
This research led to some conclusions, the first is, the influence of
incorrect application of law by public prosecutors in the indictment against
perpetrators of the narcotics crime, create legal uncertainty for the
perpetrators of criminal acts are prosecuted narcotics in a similar case. This is
because there is no clarity on the rule of law for the offender and no
consistency in jurisprudence in the case that were already given verdict ,
wherein in response to errors attorney, there judges who choose to acquit
perpetrators while others decides to punish outside of the indictment of public
prosecutors. Secondly, in the process of drafting the indictments against the
offenders, there are some factors that debilitates the prosecutors. Some of
those are in the law enforcer’s side in which they have not able to do their
duties optimally then miscommunication leading to incoordination between
prosecutors and investigators in the pre-prosecution. Factors of facilities,
namely the lack of existing functional prosecutor in a judiciary office to handle
incoming case. Cultural factors, namely a tendency for the prosecutors in
preparing the indictment to give the verdict based on how easy it would be
proven, rather than the appropriately applied. As for the legal factors there is
no problem, because the law is already give a clear on guide lines for
prosecutors in drafting the indictment against the perpetrators of the crime of
narcotics, that’s KUHAP and law no. 35 of 2009 on narcotics, as well as on
community factors there is also no problem, because in addressing the fallacy
the prosecutor, people already contribute by commenting on attorney mistake
is being poured into an article.
v
The influence of incorrect application of law by public prosecutors in
the indictment against perpetrators of the narcotics crime anchored
by jurisprudence and the rule of law.
Aldi Pangrestu
110111100175
Public prosecutor mistake in applying the correct article in the
indictment led to the two dissenting opinion for the judges in their ruling
against the perpetrators of the crime of narcotics. There are judges who
choose to acquit the perpetrators while some other decides to punish outside
of the indictment of public prosecutors. The purpose of this study was to
determine the influence of inaccurate application of laws by the public
prosecutor in the drafting of indictments against perpetrators of narcotics and
to determine the constraints of those public prosecutors in preparing the
indictments against the perpetrators of the crime of narcotics.
This study is done using a normative juridical approach,which is
research based on the study of documents that examines the primary
materials, secondary materials and tertiary material. Results of the study will
be analyzed by juridical qualitatively by way of merging data from the study of
the documents and field study.
This research led to some conclusions, the first is, the influence of
incorrect application of law by public prosecutors in the indictment against
perpetrators of the narcotics crime, create legal uncertainty for the
perpetrators of criminal acts are prosecuted narcotics in a similar case. This is
because there is no clarity on the rule of law for the offender and no
consistency in jurisprudence in the case that were already given verdict ,
wherein in response to errors attorney, there judges who choose to acquit
perpetrators while others decides to punish outside of the indictment of public
prosecutors. Secondly, in the process of drafting the indictments against the
offenders, there are some factors that debilitates the prosecutors. Some of
those are in the law enforcer’s side in which they have not able to do their
duties optimally then miscommunication leading to incoordination between
prosecutors and investigators in the pre-prosecution. Factors of facilities,
namely the lack of existing functional prosecutor in a judiciary office to handle
incoming case. Cultural factors, namely a tendency for the prosecutors in
preparing the indictment to give the verdict based on how easy it would be
proven, rather than the appropriately applied. As for the legal factors there is
no problem, because the law is already give a clear on guide lines for
prosecutors in drafting the indictment against the perpetrators of the crime of
narcotics, that’s KUHAP and law no. 35 of 2009 on narcotics, as well as on
community factors there is also no problem, because in addressing the fallacy
the prosecutor, people already contribute by commenting on attorney mistake
is being poured into an article.
v