PENJATUHAN SANKSI PIDANA DIBAWAH MINIMUM KHUSUS PADA PELAKU TINDAK PIDANA NARKOTIKA (STUDI KASUS FIDELIS DAN IKHSAN SUSANDI)

Narcotics are substances or drugs that derived from plants or not plants, synthetic or semi synthetic. Narcotics is used to in the medical world, but sometimes narcotics are often misused by people, so drug abuse is categorized as extraordinary crime. The legal regulation regarding the sanctions that will be imposed on narcotics abusers has been regulated in the applicable law, but in reality the judge can still render the ruling below the minimum sentence set by the law. The purpose of this paper is to obtain data on the basis of judges considerations in imposing criminal sanctions below the specific minimum for narcotics offenders. The research method used is a method of deductive thinking. The conclusion is criminal imprisonment below the specific minimum is contrary to the principle of legality and applicable regulations, but the decision handed down by the judge has passed considerations