Legal Liability Against Criminal Offenders Without Right to Sell Narcotics (Decision Study No. 128/Pid.Sus/2022/PN.MJl)

Abstract

The purpose of this study is to find out and analyze the construction of a crime without the right to sell narcotics in the conception of legal certainty and to find out and analyze legal responsibility for perpetrators of crimes without the right to sell narcotics (Decision Study No. 128/Pid.Sus/2022/PN.Mjl ). The theory used in this study is the theory of legal certainty and theorylegal responsibility.This study uses a normative juridical approach and the nature of this research is analytical descriptive.Data collection was carried out through a literature studyin order to obtain secondary data, whether in the form of primary legal materials, secondary legal materials, or tertiary legal materials.To support the research that has been done, field research was also carried outin order to obtain primary data that supports secondary data. The technical analysis used in this study is a qualitative analysis technique. The results of the study show that the construction of a crime without the right to sell narcotics in the conception of legal certainty is regulated in Act No. 35 of 2009 concerning Narcotics. Regarding narcotics intermediaries based on Act No. 35 of 2009 concerning Narcotics in Indonesia it is regulated in Article 112, Article 114 for class I narcotics, Article 119 for class II narcotics, Article 124 for class III narcotics, Article 129 for narcotic precursors, Article 130 for specialization made by corporations as well as Article 132 for trials or conspiracy related to intermediary narcotics. The form of legal responsibility for a person who acts as a narcotics intermediary in the decision number 128/Pid.Sus/2022/PN.MJl in the eyes of the judge is the defendantYoni Nopani alias Opan Bin AAby carrying out the sentence imposed by the judge in the form of imprisonmentfor 10 (ten) yearsand a fine of IDR 2,000,000,000 (two billion rupiahs) with the provision that if the fine is not paid, the defendant must serve a prison sentence of 6 (six) months, and the defendant does not contest the decision in the form of an appeal or cassation.