REHABILITASI SOSIAL BAGI ANAK PENYALAHGUNA NARKOTIKA GOLONGAN I JENIS GANJA

Muhammad Idris Hasan, . (2020) REHABILITASI SOSIAL BAGI ANAK PENYALAHGUNA NARKOTIKA GOLONGAN I JENIS GANJA. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

This study aims to identify and explain the legal interpretation of the judge's decision in the narcotics crime for class I narcotics abusers as well as to find out and explain the factors underlying the judge's consideration in providing social rehabilitation rights for children of class I narcotics abusers. marijuana. The theory used is the theory of legal interpretation, theory of legal certainty, and theory of guidance. The research method used is a normative juridical approach research method. The normative juridical approach is legal research carried out by examining library materials or secondary data as the basic material for research by conducting a search of the regulations and literature related to the problem under study. The results of this study are formulated that in order to decide a court decision contains a legal interpretation applied by the judge, where the interpretation is interpreted as a reconstruction of thoughts that are incorporated into the law. Legal interpretation is not the will of a free judge in deciding a case, but only focuses on interpreting the law. Legal interpretations used by judges in deciding a case refer to literal interpretations and functional interpretations or independent interpretations. The judges considered factors in the Supreme Court decision Number 2025 K / Pid.Sus / 2013 and the Sigli District Court Decision Number 131 / Pid.B / 2013 / PN. Sgi seen from the legal interpretation in the consideration of the judge taking the decision is more likely to be a literal interpretation which is based on the indictment submitted by the Public Prosecutor, the cassation and district court decisions of the two cases in narcotics crime where underage children as defendants are victims of abuse narcotics. Conclusion; that the legal interpretation of the judge's decision in narcotics crime for children who use narcotics class I for cannabis puts more emphasis on the literal interpretation of the law so that it has an impact on the verdict, namely imprisonment and fines, even though the child who can be proven in court is the child of a narcotics abuser and victim of abuse. narcotics group I is a type of marijuana so that children who are faced with the law for the crime of narcotics do not get the right to medical rehabilitation and social rehabilitation. The factor underlying the judge's consideration in providing social rehabilitation rights for children who abuse narcotics and victims of class I narcotics abusers, cannabis is the best interest of the child.

Item Type:	Thesis (Tesis)
Additional Information:	No. Panggil : 1810622061 Muhammad Idris Hasan Ketua Penguji : Dr. Atik Winanti, SH., MH. Penguji 1 : Prof. Dr. Agus Surono, SH., MH. Penguji 2 : Dr. Handoyo Prasetyo, SH., MH.
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S2)
Depositing User:	Muhammad Idris Hasan
Date Deposited:	20 May 2021 04:36
Last Modified:	20 May 2021 04:36
URI:	http://repository.upnvj.ac.id/id/eprint/10472

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