Analysis Of Sentencing Disparity In The Imposition Of Punishment Against Narcotics Offenders

Abstract

This study employs a normative juridical approach to examine two court decisions: Decision Number 425/Pid.Sus/2017/PN Jkt.Brt of the West Jakarta District Court and Decision Number 198/Pid.Sus/2019/PN Pwt of the Purwokerto District Court. The analysis indicates that the different sentences primarily result from the different legal constructions applied to the defendants. The first decision applied Article 127 (1)(a) of Law Number 35 of 2009 to an abuser, with a maximum imprisonment of four years and a rehabilitative orientation. The second applied Article 114 (1) to conduct categorized as narcotics trafficking, which carries a special minimum sentence of five years. Accordingly, the amount of narcotics seized cannot by itself explain the severity of punishment; the statutory elements and sentencing ranges applicable to each offense are more decisive.