Tinjauan Yuridis Terhadap Tindak Pidana Pengedaran & Penggunaan Narkotika Yang Dilakukan Masyarakat Awam (Studi Kasus Putusan Nomor 120/Pid.Sus/2021/PN Sgn)

The use of drugs in humans is prohibited unless intended for medical purposes. Prohibition of the use and distribution of drugs has been regulated in the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics. As an effort by the government to implement this, a special institution has also been formed, namely the National Narcotics Agency (BNN) whose main task is to prevent and deal with narcotics. However, the implementation, use and distribution of drugs still occur a lot. Because the problems that will be examined are related to how material punishment is applied to narcotics crimes, as well as the legal considerations of judges in deciding narcotics disputes in Decision Number 120/Pid.Sus/2021/PN Sgn, in addition to knowing the perspective of Islamic law related to Narcotics crime sanctions. This study uses normative juridical methods which are analyzed using qualitative methods by describing data and theory to find answers to the problems studied. Based on the results of the research, it was found that the application of material criminal law and the Judge's legal considerations for the crime of distribution and use of Narcotics with the Case Study of Decision Number 120/Pid.sus/2021/PN Sgn) were appropriate, because the crime committed by the Defendant had fulfilled the elements elements as regulated in the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics. Legal sanctions related to drug abuse in Islam are determined based on had law (ḥudūd)