DISPARITAS PIDANA DALAM KASUS PENYALAHGUNAAN NARKOTIKA DI PENGADILAN NEGERI PADANG

Abstract

In the midst of law enforcement efforts to protect narcotics, it is not uncommon for criminal disparities to occur in judges' sentences. The disparity in this narcotics protection crime case is that there is a significant difference in the sentences handed down by the judge. For example in decision Number 667/Pid/Sus/2021/PN Pdg and Decision Number 782/Pid/Sus/2021/PN. This research is a normative juridical research. Research by analyzing 10 Decisions related to the Crime of Narcotics Abuse in the Padang District Court. The data used is secondary data, in the form of primary, secondary and tertiary legal materials. Secondary data was collected by document study, and then analyzed qualitatively. The results of the study show (1) the criminal disparity in narcotics protection cases at the Padang District Court is quite striking, the difference between Decision Number 667/Pid/Sus/2021/PN Pdg and 12 years imprisonment while in Decision Number 782/Pid/Sus/2021 / PN Pdg with a prison sentence of 5 years and 6 months, the difference is 6 years and 6 months, (2) Juridical judges' considerations are based on indictments, charges, evidence, evidence, and facts at trial while non-juridical judges' considerations are acknowledging and acknowledging their actions, polite request.