Tinjauan Yuridis Tentang Tanpa Hak Memiliki Dan Menyimpan Narkotika Golongan I Bukan Tanaman Terhadap Putusan Perkara No. 76/PID.SUS/PN.PMS

Narcotics are substances or drugs originating from plants or non-plants, both synthetic and semisynthetic, which can cause a decrease or change in consciousness, loss of pain, and can cause dependence, which are divided into groups as attached in Law No. 35 of 2009. Narcotics crime is regulated in Act Number 35 of 2009 concerning Narcotics. The researchers' interest in examining this case was because the researchers saw that there were irregularities against the judge in giving sentence to the defendant, because not all acts of narcotics abuse must end in prison sentences. As explained in SEMA No.4 of 2010, narcotics abusers can be rehabilitated if narcotics use is less than 1 gram. Based on the background above, the authors determine the formulation of the problem in this study as follows, how the application of the elements of narcotic crime against "without the right to own and store class 1 non-plant narcotics" in case No. 76 / pid.sus / 2016 / PN.PMS as well as how judges consider in case No. 76 / pid.sus / 2016 / PN.PMS. This research uses normative legal research methods. Normative legal research methods or library legal research methods are methods or methods used in legal research conducted by examining existing library materials. While its nature is descriptive in nature, the writer tries to give a clear and complete picture of the elements of narcotic crime in case No. 76 / Pid.Sus / 2016 / PN.PMS and panel of judges considerations in deciding case No. 76 / Pid.Sus / 2016 / PN.PMS and drawing conclusions by discussing general to specific issues. The elements of criminal acts in the abuse of narcotics group 1 contained in case No. 76 / pid.sus / 2016 / PN.PMS is the element of every person, that with respect to the elements of each person who have been considered in the elaboration of the elements of the primitive indictment, the element without rights or against the law, that of the element everyone has considered in the description of the elements of the article on the indictment of primaires, elements owning, storing, controlling, or providing Narcotics Group 1 are not plants. Judges' consideration in issuing decisions in narcotics abuse cases with case number 76 / pid.sus / 2016 / PN.PMS is based on witness statements submitted in court, based on statements of defendants at trial, and based on elements that have been indicted by prosecutors general. And there are juridical considerations, burdensome and mitigating matters