Analisis Yuridis Terhadap Putusan Nomor 705/PID.SUS/2018/PN.PBR Terkait Pertimbangan Hakim Terhadap Kasus Narkotika Di Pengadilan Negeri Pekanbaru

The research aims to find out whether all narcotics abuse offenders will be terminated by imprisonment, and the judge's rationale in determining the criteria for narcotics abuse offenders has the right to be rehabilitated and the constraints experienced by the judge when determining criminal sanctions or sanctions for acts of narcotics abuse offenders. Based on the background above, the problem formulation of this research is how the application of criminal threats against narcotic users of class 1 based on SEMA no. 4 of 2010. How is the judge's judgment in imposing penalties against narcotic users of class 1 in the case of verdict NO.705 / PID.SUS / 2018 / PNBR The research method in the case of "Juridical Analysis of Decision No. 705 / Pid.Sus / 2018 / Pn.Pbr Related Judge's Consideration of Narcotics Cases in Pekanbaru District Court "data collection method by interview and literature study, then the data were analyzed qualitatively where the location was examined or the research site in the Pekanbaru district court. The results of the research in case NO.705 / PID.SUS / 2018 / PN.pbr, the obstacle of the judge in imposing a prison sentence or rehabilitation for class 1 narcotics abusers is about the existence of a statement and / or statement from the doctor, police, prosecutors. Without an assessment or a statement from an expert, it is unlikely that the defendant will rehabilitate and the judge will not render a decision outside the indictment of the public prosecutor. Judge's consideration in imposing a criminal action against narcotics group 1 perpetrators in the case of decision NO.705 / PID.SUS / 2018 / PN.pbr is the act of the defendant not supporting the government's program in terms of eradicating narcotics, the defendant admitted frankly his actions so as not to cause the trial to proceed. The accused is still young and is expected to change his actions