JURIDICAL REVIEW DRUG CRIME AND ITS MANAGEMENT (Analytical Study of Jombang District Court Decisions Number 491/Pid.Sus/2022/PN Jbg)

Narcotics, Psychotropics and other dangerous addictive substances have very significant impacts if misused. However, on the other hand, it can be useful for the development of science and healing of diseases if used according to instructions from the authorities. Therefore, the writing of this scientific legal work discusses two things, namely first, how to apply the material law for narcotics crimes based on Jombang District Court Decision Number 491/Pid.Sus/2022/PN Jbg, second, looking for factors that prevent drugs from being difficult to overcome.
The research method used by the author in writing this scientific legal work is normative legal research. The data sources used are primary and secondary data with the data collection technique being library research, namely in the form of collecting primary and secondary data that is related to the problem being studied. After all the data was collected, it was then analyzed using qualitative data analysis methods.
From the research conducted, the author obtained the following results. First, in Decision Number 491/Pid.Sus/2022/PN Jbg, the Public Prosecutor used alternative charges, namely: Chapter 114 paragraph (1) or Chapter 112 paragraph (1) of Constitution Number 35 of 2009 concerning Narcotics. Among the elements of the Article charged by the Public Prosecutor, which was legally proven and the legal facts were revealed in court was Chapter 112 paragraph (1), so that the Panel of Judges immediately chose the second alternative indictment. Where, the act and the elements of the article are mutually compatible. According to the author, the application of material law in this case is in accordance with the criminal law in force in Indonesia, but the Public Prosecutor was less careful because he did not include Chapter 127 paragraph (1) letter a in each alternative indictment, so the Panel of Judges ignored the provisions of Article 54 and Article 103 of the Narcotics Law. Second, in eradicating drug abuse there are many obstacles, due to various factors that influence it. Namely from external to internal factors of the perpetrator, as well as many officers involved in its abuse.
Based on the research results, it was concluded that the application of material punishment was in accordance with the provisions of criminal law in Indonesia, however, in applying the articles in the alternative indictment, the Public Prosecutor was less thorough, resulting in the Defendant only receiving misery without any rehabilitation. The obstacles to its eradication are very complex, starting from external and internal factors of the perpetrators to the involvement of Law Enforcement Officials in its abuse. As for the solution, the government needs to optimize the role of the community by increasing supervision and legal awareness, revising narcotics laws and even monitoring the morality of law enforcement officers.
Key words: drugs, application of material criminal law, obstacles, it’s eradication.