Judge's Consideration in Imposing the Death Penalty on Perpetrators of Narcotic and Narcotic Precursor Crimes

Abstract

This study examines the factors contributing to narcotics and narcotic precursor crimes and the judges' considerations in imposing sanctions, with a case study of Decision Number 827/Pid.Sus/2023/PN Tjk. Using a normative juridical and empirical approach, this research analyzes secondary and primary data through a juridical method. The findings indicate that narcotics crimes are driven by legal loopholes, weak law enforcement, and official involvement in drug networks. The judge's decision in this case demonstrates a law enforcement effort aimed at justice, particularly in protecting society from the harmful effects of narcotics. To address these issues, the study recommends that the government revise narcotics regulations to eliminate legal loopholes and that judges continuously evaluate rulings to maintain a balance between public protection and individual rights.