Juridical Analysis of Judicial Review as a Legal Effort in Fighting for the Rights of Narcotics Convicts

Abstract

In general terms, narcotics are defined as types of drugs derived from natural, synthetic, or semi-synthetic substances that may cause decreased appetite, altered or impaired consciousness, relieve pain, and potentially lead to dependency. The criminal offence of narcotics abuse is regulated under Law Number 35 of 2009 concerning Narcotics. the impact of punishment for narcotics crimes includes severe punishment and the death penalty. narcotics and liquor crimes must indeed be eradicated and are not the task of the security forces alone but the task of the entire community. Pursuant to the provisions of the 1945 Constitution (UUD 1945), Article 28D paragraph (1) stipulates that every person has the right to recognition, guarantees, protection, and certainty of fair law, as well as equal treatment before the law. The primary issue examined in this normative legal research concerns the process of judicial review (Peninjauan Kembali, PK) as a legal remedy in upholding the rights of narcotics convicts, and the extent of legal protection afforded through judicial review to narcotics convicts in Rokan Hilir. In conducting research, the author uses Normative Legal research methods, namely by examining / literature or secondary data, primary data in this study in addition to examining related legislation by using book literature related to criminal acts of narcotics abuse. while the nature is descriptive analytical, namely the author provides a detailed description of the juridical analysis of judicial review as a legal effort in fighting for the rights of convicted narcotics (Study of Supreme Court Decision No. 1004 PK/PID.SUS/2022 of Rokan Hilir District Court): 1004 PK/PID.SUS/2022 Rokan Hilir District Court). And drawing research conclusions inductively or deductively according to the real conditions of the object of research.The findings of this study indicate that judicial review serves as a legal remedy for narcotics convicts seeking to assert their rights, with its implementation in the Rokan Hilir District Court exemplified by the case of Decision Number 1004 PK/Pid.Sus/2022 concerning the convict Raja Muddin alias Raja bin Baharuddin. The judicial review process in this case was carried out by referring to the provisions of Law Number 35 of 2009 on Narcotics, particularly Article 127 paragraph (1) letter a; Law Number 8 of 1981 on Criminal Procedure Law (KUHAP), specifically Article 266 paragraph (3); Law Number 48 of 2009 on Judicial Power; and Law Number 14 of 1985 on the Supreme Court as amended by Law Number 5 of 2004. As a result, the judicial review (PK) decision led to a reduction in the period of detention imposed on the convict.