对法官针对毒品犯罪罪犯所作判决的分析

Gustika Sandra, Mukhawas Mukhawas, Suriyati Suriyati, Asia Asia
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摘要

撰写这篇论文的目的是了解法官在对个人滥用 I 类麻醉品的人做出刑事判决时所采用的原则,以及法官在做出判决时遇到的障碍。研究在瓦坦彭地区法院办公室进行。数据类型包括第一手数据和第二手数据。主要数据来源是通过与瓦坦蓬地区法院法官的直接访谈获得的。除此以外,第 288/pid.sus/2022/Pn Wtp 号决定也是主要数据来源。二手数据来源于法律、文件和其他法律规定,以及各种期刊和书籍中的文献。研究结果证明,法官考虑的依据是毒品案件是否严重以及滥用毒品行为人的特征和观点。法官考虑的是被告被证实犯有滥用麻醉品罪的事件。其他考虑因素包括各种视角,即法学视角和非法学视角。同时,非司法角度的考虑包括被告在审判过程中的行为,以及年龄和责任等方面。法官在做出判决时会遇到的障碍是当事人对法官的干预。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Analysis of Judge's Decisions Against Narcotics Crime Perpetrators
The aim of writing this thesis is to find out the principles applied by judges when they determine criminal sentences against individuals who personally abuse class I narcotics and the obstacles judges have in making decisions. The research was conducted at the Watampone District Court office. Data types are primary and secondary data. Primary data sources were obtained through direct interviews with Watampone District Court Judges. Apart from that, Decision number 288/pid.sus/2022/Pn Wtp. Secondary data comes from laws, documents and other legal regulations, as well as from literature from various journals and books. The results of the research prove that the basis for the judge's consideration is whether or not the narcotics case is serious or not and the characteristics and point of view of the perpetrator of narcotics abuse. The judge considers the incident that the defendant was proven to have committed narcotics abuse. Other considerations include various perspectives, namely juridical and non-juridical perspectives. the defendant's statement and legal facts revealed during the trial. Meanwhile, non-juridical considerations include the defendant's actions in the trial process, as well as aspects of age and responsibility. And what becomes an obstacle for judges when handing down decisions is the intervention of the parties towards the judges.
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