Penerapan SEMA Nomor 3 Tahun 2015 dalam Penjatuhan Pidana di Bawah Ancaman Minimum terhadap Pelaku Tindak Pidana Narkotika (Analisis Putusan Nomor 368/Pid.Sus/2019/Pn Rhl, Putusan Nomor 447/Pid.Sus/2019/Pt Pbr dan Putusan Nomor 1436/K/Pid Sus/2020)

Abstract

The Supreme Court Circular is a regulation issued by the Supreme Court to provide guidelines for Judges that are administrative in nature and not statutory regulations. In its implementation, SEMA can deviate from the regulations contained in the Law, such as SEMA No. 3 of 2015 concerning the Implementation of the Formulation of the Results of the 2015 Supreme Court Chamber Plenary Meeting as a Guide to the Implementation of Duties for the Court which includes the legal formulation of the narcotics criminal chamber. This can be seen in one of the cases contained in the Judge's Decision, giving rise to problems which are discussed in this research, namely how the minimum criminal threat is regulated in Narcotics Crimes in Indonesia, what is the position of the Supreme Court Circular Number 3 of 2015 regarding the minimum threat in the Law? -Law Number 35 of 2009 concerning Narcotics, how to apply Supreme Court Circular Letter No. 3 of 2015 in the imposition of sentences below the minimum threat for perpetrators of narcotics crimes in the Rokan Hilir District Court decision Number 368/Pid.Sus/2019/PN RHL, High Court decision Number 447/Pid.Sus/2019/PT PBR and the Court's decision Agung Number 1436/k/Pid.Sus/2020. This research is descriptive analysis using normative juridical research methods and a statutory approach, the data used is secondary data through library study data collection techniques. The results of the study show that in the sentencing of the defendant Syafrianto who was charged with Article 112 of the Narcotics Law, but the trial facts stated that the defendant was proven guilty of Article 127 of the Narcotics Law, the Judge can be guided by the Circular of the Supreme Court Number 3 of 2015 but by providing sufficient consideration so that there are no differences of opinion and views between Judges, Prosecutors and investigators in enforcing the law. Keywords : Supreme Court Circular, Narcotics Crime, minimum criminal threat.