Judges' Considerations in Sentencing A Prison Under Special Minimum CriminalThreats in the Solok District Court (Case Study of Decision Number 40 / Pid.Sus /2014 / Pn. Slk)

Base on the data from indonesian narcotic national body and indonesian national police thenumber of confiscate narcotic and narcotics criminal offender continue to increase every year. to realizenational purpose of indonesian to protection all indonesian people, especially from dangerous ofnarcotic, indonesian government and representation house of indonesian has issued some law ofnarcotics dealer in indonesian, the last law narcotics dealer in indonesia that has issued is narcoticsdealer act number 35 year 2009. one of the new concept in this narcotics dealer act number 35 year2009 is specific minimal criminal sanctions that regulated in article 111 to article 126. but the fact, inindonesian’s court practice, judge’s decision was did not always obeying the limit of specific minimalcriminal sanctions. one of the court judgement that were did not obeying the limit of specific minimalcriminal sanctions in narcotics criminal case as defendant of agusrini in judge’s decision number 40 /pid.sus / 2014 / pn.slk at july 17 2014 in district court of solok, meanwhile in district court of solokanother narcotic criminal case judge’s decision in were obeying the limit of specific minimal criminalsanctions. this situation makes uncertainty of the law. base on the legal problems, by using normativeapproach in case approach, this research tries to analyze the proof of narcotics criminal case is defendantof agusrini in district court of solok, and the the judge’s consideration imprisonment under specificminimal criminal sanctions of article 111 section 1 act number 35 year 2009 by applied criminal lawtheory and other related law theory. the conclusions as the result of this research are: the proof ofnarcotics criminal case is defendant of agusrini in district court of solok has fulfilled threshold proof inindonesian procedure of criminal (negatief wettelijk); and the judge’s consideration in court judgmenton narcotics criminal case as defendant of agusrini in district court of solok imprisonment underspecific minimal criminal sanctions of article 111 section 1 act number 35 year 2009 has applied judgesindependent theory that connected to theory of justice and theory of punishment.