PROGRESIVITAS DALAM PENEGAKAN HUKUM PENYALAHGUNA NARKOTIKA

• Main Author: noni surhayanti
• Format: Article
• Language: Indonesian
• Published: Universitas Udayana 2017-12-01
• Series: Kertha Patrika
• Online Access: https://ojs.unud.ac.id/index.php/kerthapatrika/article/view/35749

In the enforcement of law, there were found law problems that affect the establishment of the law which is faced by narcotic abusers. For the narcotics abusers who used it for themselves are often accused either singly or alternatively accusation with other article such as Article 111 or 112 Act Number 35 of 2009 on Narcotics, meanwhile in fact the executants proved as a abusers narcotics and invaded Article 127. This phenomenon triggered the dilemma for the judges in deciding the case in which are people who used narcotics without rights or unlawfull act, but on the other side the Article 127 is not accuse in letter accusation. The Circular Letter of the Supreme Court Number 3 of 2015 overcomes the problems of the decisions that must be taken by the Judges in deciding the judgement and granting the Judges of the discretion to impose the verdict by deviating from the minimum criminal provisions as stated in the Article 111 or 112, at the same time it signifies that progressivity law has an important role of law enforcement as well as the  justice.             Keywords : Progressifity, Law Enforcement, Narcotics Abusers.