LEGAL CONSIDERATIONS OF THE JUDGES IN NARCOTICS REHABILITATION DECISIONS (Analysis of Decisions Number: 112 / Pid.Sus / 2018 / PN.Pwt.)
Abstract
Judge's legal considerations are one of the most important aspects in determining the realization of the value of a judge's decision that contains justice (ex aequo et bono), legal certainty, and benefits for the parties concerned. This study analyzes the legal provisions used by judges in verifying rehabilitation sentences for narcotics abuse cases and judges' legal considerations in rehabilitation decisions in narcotics cases Number: 112 / Pid.Sus / 2018 / Purwokerto District Court. The research method used in this research is a normative juridical approach, which is carried out through a literature study that examines secondary data in the form of laws and regulations and other legal documents, as well as research results, assessment results, and other references. Legal considerations of Purwokerto District Court judges in examining and deciding cases of narcotics cases with case Number: 112 / Pid.Sus / 2018 / Purwokerto District Court by imposing a sentence without imprisonment, which is only in the form of medical rehabilitation for 6 (six) months in the Mental Health Service Installation The integrated Banyumas Regional Hospital is not right. Judges need to consider imprisonment to give a deterrent effect to the accused himself and also to other people or the community from committing the same act. This was because when the medical examination was carried out at the Mental Health Service office of the Banyumas Regional General Hospital, based on the results of the examination, there were no significant physical and psychological symptoms of dependence on the defendant. Judges in giving judges' considerations should be treated more carefully, well and carefully.Keywords: legal considerations; judge; Rehabilitation