Ratio legis of special minimum limit regulation in narcotics law

Indra Kusuma Haryanto, Sudarsono Sudarsono, Bambang Sugiri and Abdul Rachmad Budiono
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Indra Kusuma Haryanto: Faculty of Law, Brawijaya University
Sudarsono Sudarsono: Faculty of Law, Brawijaya University
Bambang Sugiri: Faculty of Law, Brawijaya University
Abdul Rachmad Budiono: Faculty of Law, Brawijaya University

International Journal of Research in Business and Social Science (2147-4478), 2021, vol. 10, issue 7, 423-431

Abstract: Narcotics crime in society (especially in Indonesia) shows an increasing trend both quantitatively and qualitatively with widespread victims, especially among children, adolescents, and the younger generation in general. Based on this, the government must increase efforts to prevent and eradicate narcotics crimes by any means, whether reforming the Narcotics Law, imposing strict sanctions and so on. The purpose of this research is to find out how the legal ratio of the Special Minimum Limit Regulation in the Law on Narcotics. This research is normative legal research with a conceptual approach and a philosophical approach. The legal materials used are primary and secondary with the technique of analyzing legal materials using the interpretation method. The results of the study indicate that the Ratio legis regulation specific minimum criminal provisions in the three laws studied, namely: the Narcotics Law and the Supreme Court Circular Number 03 of 2015, is intended to prevent disparities in the sentencing of crimes by judges. The regulation of types of criminal sanctions in legislation is one of the functions of the State to protect legal interests, in the form of life, property and dignity. The regulation of criminal sanctions is one of the criminal policy systems that can be seen from several aspects, namely the criminal system, namely: types of sanctions, alternative and cumulative forms of sanctions and their duration, namely the maximum-minimum of the punishment threatened. Key Words:Ratio Legis, Laws, Narcotics

Date: 2021
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