LEGAL ANALYSIS OF THE CRIMINAL ACT OF DISTRIBUTION OF CLASS I NARCOTICS TYPE OF SYNTHETIC TOBACCO IN DECISION NUMBER 65/Pid.Sus/2025/PN BKS

Abstract

Circulation dark narcotics is one of the form crime outside ordinary ( 
extraordinary crime ) which gives impact Serious to resilience national 
, 
health society and the future generation young . One of the form 
rampant narcotics circulating in Indonesia is tobacco synthetic 
containing MDMB-4en PINACA substance as part from Narcotics 
Group I. Research This aim For analyze consideration judge's law in 
Decision Number 65/ Pid.Sus /2025/PN Bks and examine application 
of Article 114 paragraph (2) of the Law Number 35 of 2009 concerning 
Narcotics to defendant Riski Kurniawan alias Iki bin Alm. Mahmud. 
The research method used is study law normative with approach statute 
approach , approach case approach , and approach conceptual ( 
conceptual approach ). Primary legal materials in the form of 
regulation legislation and decisions court , whereas material law 
secondary in the form of books , journals , and the opinions of scholars 
law . Research results show that The panel of judges has appropriate 
implementing Article 114 paragraph (2) of the Narcotics Law Because 
all over element action criminal has fulfilled based on tool valid 
evidence according to Article 184 of the Criminal Procedure Code. The 
judge's considerations are based on the facts trial , testimony witness , 
statement defendant , goods evidence and results laboratory forensics 
stating goods proof contains MDMB-4en PINACA. Decision criminal 
prison for 15 years and criminal a fine of Rp. 1,000,000,000 has been 
reflect objective criminalization in the form of effect deterrent , 
protection society , and enforcement law .