ASAS STRICT LIABILITY DALAM HUKUM PIDANA NARKOTIKA Repository

ASAS STRICT LIABILITY DALAM HUKUM PIDANA NARKOTIKA

BAMBANG GUNAWAN, 031217017331 (2016) ASAS STRICT LIABILITY DALAM HUKUM PIDANA NARKOTIKA. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Official URL: http://lib.unair.ac.id

Abstract

This dissertation uses the title of "The Principle of Strict Liability in Narcotics Criminal Law". The purpose of this research is to analyze and find the philosophy underlying the implementation of the principle of strict liability in the eradication of narcotics and to analyze and find differences in the application of the principle of strict liability in narcotic crimes. While the benefits of this research is specifically to provide input and recommendations the application of the principle of strict liability in the prevention and eradication of narcotics and generally provide advice to law enforcement apparatus in taking measures in the prevention and eradication of narcotics and to policy makers determine the policy which is appropriate and efficient in the prevention and eradication of narcotics. People are also expected to make this research as a material to protect themselves or their families from the abuse of the principle of strict liability. The type of this research is legal research. The approach which is used in this research is statute approach, conceptual approach and case approach. The conclusions in this research are the principle of strict liability is an exception to the principle of no punishment without fault known in criminal law. Reason philosophy of the application of strict liability in narcotic crimes consists of five (5): (1) The offenses of narcotics is an extraordinary crime and transnational crime, (2) The narcotics criminal law relating to goods or objects that are prohibited by law, (3) Implementation of strict liability is essential to ensure compliance with necessary regulations for the welfare of society. (4) The setting strict liability in narcotic crimes aimed at ensuring the Indonesian state free from drug abuse and illicit trafficking, (5) Proofing of an element of fault is very difficult in the violation related to the welfare of society. In narcotic crimes, the principle of strict liability or the principle of accountability for the absolute can be divided into two (2) parts, namely the principle of strict liability pure and the principle of strict liability is not pure and the reasons behind differences in the application of strict liability against the perpetrators of criminal acts which is adult than the child perpetrators who do not have the ability like adults. Suggestions in this study are necessary to amend the Narcotics Act particularly with regard to regulation expressly about the application of the principle or principles of punishment without fault or strict liability in narcotic crimes and Necessary arrangements regarding the application of strict liability are based on differences in the quality of criminal.

Item Type:

Thesis (Disertasi)

Additional Information:

KKB KK-2 Dis H 06/16 Gun a

Uncontrolled Keywords:

Narcotics, proofing, strict liability

Subjects:

K Law > K Law (General)

Divisions:

03. Fakultas Hukum > Dasar Ilmu Hukum

Creators: