Argumentasi Terdakwa Mengajukan Kasasi Atas Dasar Kesalahan Penerapan Hukum Pembuktian Oleh Hakim Pengadilan Tinggi Semarang Dalam Perkara Narkotika

Abstract

     The objectives of this research are to find out the conformity of the misapplication of the law in proofing procedure which is executed by the judgesof High Courtwith Article 253 Criminal Code Procedures,as the reason used by a drug case defendant to propose cassation to Supreme Court, and the conformity of Supreme Court’s consideration in rechecking and giving the verdict with Article 256 Criminal Code Procedures, based on the analysis of Supreme Court Verdicts Number: 1469K/PID.SUS/2014.

     This research is a doctrinal and prescriptive research which is intended to give prescriptions to a fact or legal case. To reach these objectives, the researcher uses case approach and the technique of analysis uses syllogism method in which the major and minor premises are related to draw a conclusion.

     Based on the analysis and discussion, it can be concluded that the reason of cassation by the case defendant had found its conformity with Article 253 Section (1) subsection a Criminal Code Procedures that the Judex Facti had misapplied in stating that the defendant was guilty and conclusively proven in violation of Article 112 Section (1) The Law of Republic of Indonesia No. 35 Year 2009. The basic of the Supreme Court consideration has found its conformity with Article 256 Criminal Code Procedures that the defendant is guilty a trespasser of drugs as stated in Article 127 section (1) subsection a The Law of Republic of Indonesia No. 35 Year 2009. Based on the conclusions, it is recommended for all people in our society to actively participate in the government efforts to eradicate drugs and narcotics.

     Keywords: narcotics, cassation, misapplication of law, mens rea