per Dasar Pertimbangan Putusan Hakim Diluar Dakwaan Jaksa Penuntut Umum Dalam Tindak Pidana Narkotika Dasar Pertimbangan Putusan Hakim Diluar Dakwaan Jaksa Penuntut Umum Dalam Tindak Pidana Narkotika

Abstract

This research aims to find out what a judge considers in handing down a decision outside of the indictment of the Public Prosecutor (JPU) and to find out what legal breakthroughs should be made in the future so that the provisions in Article 182 Paragraph 4 of the Criminal Procedure Code can be implemented in accordance with the rules, especially in criminal offenses. narcotics. The research method used is normative research by collecting data and understanding various literature related to research material by focusing on the Jambi District Court Decision Number 128/Pid.Sus/2016/PN Jmb and the Pasir Pangaraian District Court Decision Number 415/Pid.Sus/ 2020/PN Prp regarding narcotics crimes is then linked to positive law. The research results show that judges in handing down decisions have legal considerations based on juridical, physiological and sociological facts. The judge handed down a decision outside of the Public Prosecutor's indictment because there were elements of the articles charged by the Public Prosecutor which the Judge believed were not proven in the trial. Juridically, the judge is not permitted to make a decision outside the indictment, because this action is contrary to Article 182 Paragraph 4 of the Criminal Procedure Code. The legal breakthrough that should be made is by updating Law Number 35 of 2009 concerning Narcotics, especially regarding Article 111 and Article 112 which can also be subject to Article 127 of Law Number 35 of 2009 concerning Narcotics, so that this causes legal uncertainty.