Imposition of Penalty below the Special Minimum in Narcotics Crime

Law number 35/2009 on Narcotics regulates the special minimum punishment. However, judges violate criminal limit, causing legal certainty and justice friction. This article examines in consideration of punishing narcotics crime cases. research uses normative empirical approaches through literature, document analysis, case studies, resource person interviews. Based results discussion, it is concluded that sentence below cases based judge's defendant a drug abuser himself, urine test are negative, amount possessed small, not proven to sell or become an intermediary sale purchase narcotics. In his consideration, judge combines laws relating with facts trial so decision impose has certainty.