PENELITIAN PUTUSAN HAKIM NOMOR : 295/Pid.Sus/2016/PN MLG DALAM PERKARA PENYALAHGUNAAN NARKOTIKA DITINJAU DARI ASPEK KEPASTIAN HUKUM, KAMANFAATAN DAN KEADILAN

Trial Verdict No : 295/Pid.Sus/2016/PN MLG, in proving criminal elements for Prosecutor indictment, which act as basis for judge in allowing sanction to Umar Ismail. Indictment made by Prosecutor didn’t reflect legal certainty, which become legal purpose in Indonesia. It because, material requirement in indictments isn’t fulfilled. The indictment didn’t explain in complete way about elements of first indictment, article 114 Regulation Number 35 year 2009 about narcotics, which made the indictment unclear (obscuur liable) as explained in article 143 section (3), that type of indictment actually null and void. In alternative indictment, the consideration is done by two ways. First, judge considered first indictment, with requirement = if the indictment can be proven, the next indictment no longer need to be checked and considered, and punishment will be based upon the proven indictment. Second, if the first indictment cannot be proven, judge will continue the trial in the next indictment. The requirments is, Judge should release the defendant from the first indictment, and punish the defendant based on the next indictment. Judge in their consideration didn’t try to prove elements of article 114, which made the verdict void. A judge shouldn’t be careless in making their consideration. In punish the defendant, judge should put regulation to direct them by paying attention aspects of justice, certainty, and benefit