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TINJAUAN YURIDIS NORMATIF PENGATURAN TINDAK PIDANA PSIKOTROPIKA DALAM PASAL 153 HURUF b UU NO. 35 TAHUN 2009 TENTANG NARKOTIKA

Source: OAI

ABSTRACT The enactment of Law Number 35 of 2009 on Narcotics make it collides with Law Number 5 of 1997 on psychotropic. It is because the existence of Article 153 b Law Number 35 of 2009 that it regulates the attachment on the types of psychotropic Class I and class II as listed in the appendix to the Law Number 5 of 1997 on Psychotropic substances which has moved from being a Class I drug according to this Law shall be revoked and declared invalid. This research takes the formulation of the problem: 1. What is the ratio between the threat of penal provisions of Act Number 5 of 1997 on Psychotropic with Act number 35 of 2009 on Narcotics. 2. How does the law impact on the removal of Class I and Annex II on Law No.5 of 1997 on Psychotropic substances and the inclusion of both the attachment to annex Class I under the Law number 35 Year 2009 on Narcotics. This research is a kind of normative legal research using the approach of the Statute Approach, Conceptual Approach, and Comparative approach. Techniques of collecting data used study of literature and documents. Then these results were analyzed descriptively and quantitatively. From that literature, it is known that the most fundamental difference between drugs with psychotropic drugs, the comparison between the threat of penal provisions of Act No. 5 of 1997 on Psychotropic the Law number 35 Year 2009 on Narcotics, and the impact of the law that occurred when the Class I and II substances changed as Class I in Narcotic Drugs. In conclusion, narcotic is different from the psychotropic drugs. Received punishment criminal narcotics much heavier compared with the perpetrators of psychotropic with Class I and II changes into Class I narcotic substances cause a bad impact for both law enforcement and criminal law. Keywords: Regulation, Psychotropic Substances, Narcotics

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