DISPARITAS PENJATUHAN PIDANA PELAKU TINDAK PIDANA NARKOTIKA (Analisis Putusan Nomor: 898/Pid.Sus/2020/PN. Pdg Dan Putusan Nomor: 940/Pid.Sus /2020/PN. Pd
| Main Author: | Wiranarta, Sari |
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| Format: | Article info application/pdf eJournal |
| Bahasa: | eng |
| Terbitan: |
Program Magister Ilmu Hukum, Fakultas Hukum & LPPM Universitas Ekasakti, Padang
, 2022
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| Subjects: | |
| Online Access: |
https://ejurnal-unespadang.ac.id/index.php/JSELR/article/view/539 https://ejurnal-unespadang.ac.id/index.php/JSELR/article/view/539/544 |
Daftar Isi:
- The judge's consideration is one of the most important aspects in determining the realization of the value of a judge's decision that contains justice, so that maximum and balanced judge considerations are obtained at the level of theory and legal facts.The results of the research on "the disparity of criminal penalties against narcotics criminals (decision analysis number: 898/pid.sus/2020/pn. pdg and decision number: 940/pid.sus /2020/pn. pdg)" which aims to answer the problem -problems as follows: (1) why there is a disparity in the punishment of narcotics criminals in the two decisions, (2) what are the factors that cause criminal disparities in the two decisions? This research is a descriptive analytical research. The approach used in this research is a normative juridical approach. The data used in this research is secondary data. All data and materials obtained from the research results are compiled and analyzed qualitatively and presented in a qualitative descriptive form. Based on the results of the discussion and analysis, it can be concluded that firstly, the disparity in sentencing criminals against narcotics criminals in the two decisions occurred because in the sentencing of the crime the judge saw from the evidence and evidence in the two decisions, so that in the sentencing of criminal offenses in the two decisions there was a disparity in the imposition of criminal penalties. different between the two decisions. The two factors that cause criminal disparities in the two decisions are that the judge in the decision considers mitigating and aggravating factors that are individual, different between one perpetrator and another (criminal individualization). The judge's considerations in imposing a sentence on the perpetrators of narcotics crimes are based on various things, namely: originating within the judge, originating from the law itself and the characteristics of the case in question and the severity of narcotic evidence.