第一类药物滥用犯罪者对自己的责任(研究决定编号:103/Pid.Sus/2023/PN Kot)

Andora Febi Utami, Zainab Ompu Jainah
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引用次数: 0

摘要

印度尼西亚的麻醉品滥用问题目前非常令人担忧。这主要是由于印尼地处两大洲之间,考虑到科学技术的发展、全球化的影响、非常发达的交通以及物质价值观的转变,非法贩运的目标市场充满活力。麻醉品是在医药、保健服务和科学发展领域有用的毒品或物质。然而,另一方面,如果某些人在没有控制和监督的情况下使用,它可能会导致依赖性,这是非常有害的。因此,为了便于发音,可以将其缩写为 Narcotics,即麻醉品和危险成瘾药物。本研究的问题是,根据第 103/Pid.Sus/PN Kot 号决定,导致行为人为自己滥用 I 类麻醉品的因素是什么,以及滥用 I 类麻醉品的行为人如何对自己负责。本研究采用的研究方法是规范性司法方法和实证方法。这种规范方法是通过将法律问题视为适合规范法学研究的规则来进行的。规范法学研究是通过对理论性问题的文献研究来进行的,即通过研究法律渊源、法律原则和学者意见以及适用的法律法规来进行的研究。实证研究法是通过与研究问题相关的观察和访谈对研究对象进行直接研究的方法。研究结果表明,导致行为人滥用 I 类麻醉品的因素有内部因素和外部因素。自身存在的内部因素是由于家庭或家中的问题,他在寻求一种逃避的方式来使自己平静下来,而外部因素则是由于不良社会交往的影响和年轻人的好奇心而产生的。那么,一级滥用麻醉药品罪的行为人的责任就是对自己负责,对个人和社会,尤其是对年轻一代造成不良影响,甚至会对国家的生命和文化价值造成更大的危害。在本案中,被告已被 Tanggamus 警察局成员拘留。检察官作为公诉人对被告提出了 1(一)年 4(四)个月监禁的指控,法官随后根据第 103/Pid.Sus/ 2023/PN City 号裁决判处被告 1(一)年监禁。笔者的建议是,公众应小心谨慎,提高对周围环境中麻醉品滥用现象的认识,采取不造成分裂的方法,为停止使用麻醉品提供支持,不排斥麻醉品滥用者。政府/官员应进一步提高对滥用麻醉品的罪犯的培训质量,更加积极地消除麻醉品滥用者。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Responsibility of the perpetrators of the crime of drug abuse category I for themselves (Study Decision Number: 103/Pid.Sus/2023/PN Kot)
The problem of narcotics abuse in Indonesia is currently very worrying. This is due, among other things, to Indonesia being located between two continents and considering the development of science and technology, the influence of globalization and very advanced transportation and a shift in materialistic values with the dynamics of the target market for illicit trafficking. Narcotics are drugs or substances that are useful in the fields of medicine, health services and scientific development. However, on the other hand, it can cause dependency which is very detrimental if it is used without control and supervision by certain individuals. Then, to make it easier to pronounce it, it can be abbreviated to the term Narcotics, namely Narcotics and dangerous addictive drugs. The problem in this research is what are the factors that cause perpetrators to abuse class I narcotics for themselves and how accountable perpetrators of class I narcotics abuse are for themselves based on Decision Number: 103/Pid.Sus/PN Kot. The research method used in this research is a normative juridical approach and an empirical approach. This normative approach is carried out by viewing legal issues as rules that are considered appropriate to normative juridical research. Normative juridical research is carried out by means of literature studies on matters of a theoretical nature, namely an approach carried out by examining legal sources, legal principles and opinions of scholars as well as applicable laws and regulations. The Empirical Approach is an approach carried out through direct research on the research object by means of observation and interviews related to the research problem. The results of this research show that the factors that cause perpetrators to abuse class I narcotics for themselves are based on internal and external factors. The internal factors that exist in himself are due to problems in his family or at home where he is looking for an escape to calm himself down, while external factors occur due to the influence of bad social interactions and the curiosity of young people. Then, the responsibility of the perpetrator of the crime of narcotics abuse of class I is for himself, which can have a detrimental impact on individuals and society, especially the younger generation, and can even cause a greater danger to the life and cultural values of the nation. In this case the defendant has been detained by members of the Tanggamus Police. The prosecutor as public prosecutor imposed charges against the defendant in the form of imprisonment for 1 (one) year and 4 (four) months, which the judge then sentenced to imprisonment for 1 (one) year as stated in Decision Number 103/Pid.Sus/ 2023/PN City. The author's suggestion is for the public to be careful and more aware of narcotics abuse in their environment by taking approaches so as not to cause division and providing support to stop using narcotics and not ostracizing narcotics abusers. For the government/officials to further improve the quality of training for convicts who abuse narcotics and be more active in implementing the eradication of narcotics abusers.
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