PENEGAKAN HUKUM ATAS PENJATUHAN PIDANA MATI TERHADAP PENGEDAR NARKOTIKA DI INDONESIA

Abstract

The enforcement of the death penalty law in dealing with the abuse and illicit trafficking of narcotics in Indonesia raises complicated issues. The formulation of criminal norms regulated in Law Number 35 Year 2009 on Narcotics is considered problematic so that the authorities do not distinguish between Users, Couriers or intermediaries, Dealers and Drug dealers. Law enforcement should be expected to be a deterrent factor to the increase in narcotics trafficking, but in reality, the more intensive law enforcement is carried out, the more narcotics trafficking increases. Statutory provisions governing narcotics issues have been drafted and enacted, however, crimes involving narcotics have not been alleviated Therefore, to examine and further analyse the problems in this research, the Law Enforcement Theory and the Theory of Punishment are needed as an analytical knife. The method used in this research is normative legal research conducted as an effort to obtain the necessary data related to the problem. Data used with secondary data and tertiary legal materials. In addition, primary data is also used as a supporter of secondary data legal materials. For data analysis, a qualitative juridical analysis method was used. From the results of this study, it can be concluded that the enforcement of death penalty against couriers or intermediaries or dealers in narcotics crimes in Indonesia creates injustice and legal uncertainty that creates disparities in the punishment of defendants or convicts because the death penalty is contrary to human rights which are expressly guaranteed by the constitution, namely the 1945 Constitution as the highest hierarchy in Indonesian legislation. In addition, the formulation of objectives and guidelines for punishment in the new National Criminal Code that will be applicable in 2026 in the future is a positive thing because it provides guidance on matters that become legal considerations for judges before imposing criminal penalties. From the conclusion above, it is suggested for the Legislative and Executive levels to revise Law Number 35 Year 2009 on Narcotics by providing additional articles that explain the definition of the meaning, classification or category of Couriers, Intermediaries, Dealers and Narcotics Dealers in article by article in Law Number 35 Year 2009 on Narcotics and it is suggested that the Judiciary level in the future, prioritise the values of justice in its legal considerations before imposing a decision by paying attention to the provisions of the objectives and guidelines for punishment in the National Criminal Code which will take effect in 2026