PENERAPAN SANKSI PENYALAHGUNAAN NARKOTIKA DITINJAU DARI SURAT EDARAN MAHKAMAH AGUNG NOMOR 4 TAHUN 2010 STUDI KASUS NOMOR: 56/Pid.Sus/2019/PN/SDA)

Abstract

Indonesia is a country with the concept of the Supremacy of Law, namely that the law is above everything, the law is the superiority of the rules of the game in a country or can be called a rule of law (rechtsstaat). Therefore, Indonesia is a legal country that obeys the rules contained in the laws and regulations in force in Indonesia. Law is an absolute thing that a country has regardless of the system used by that country, as stated in Article 1 Paragraph (3) of the 1945 Constitution of the Unitary State of the Republic of Indonesia which states that the Indonesian State is based on law, not based on mere power. Based on the contents of this thesis, there is a problem, namely, how to apply rehabilitation sanctions for perpetrators of narcotics crimes in Indonesia, viewed from Law Number 35 of 2009 in conjunction with Supreme Court Circular Letter Number 4 of 2010. Next, the aim of the research in this thesis is to find out the application of sentences. Rehabilitation Sanctions for Indonesian Narcotics Crime Perpetrators Judging from Law Number 35 of 2009 in conjunction with Supreme Court Circular Letter Number 4 of 2010. Based on research data as follows: That he is the defendant ARDIANSAH BIN Alm. ARIFUDDIN, on Monday 05 November 2018 at around 23.00 WIB or at least in November 2018 or at least at some time in 2018, in front of the house of Perumtas 3 Block I 6 No. 22 Grabagan Village District. Tulangan District. Sidoarjo or at least in other places which are still included in the legal area of the Sidoarjo District Court which has the authority to try and examine this case, without right or against the law possessing, storing, controlling or providing Class I narcotics, not plants in the form of methamphetamine which is still is in a glass pipette with a weight of ± 1.20 (one point twenty) grams weighed with the pipette.