Disparity of Sentence Determination by Judges Regarding Decisions Below the Minimum in Narcotics Crimes
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 05
Abstract
This research aims to explain differences in judges' decisions regarding the imposition of sentences below the minimum in narcotics offense cases. The main focus of this research is the judge's thoughts when adjudicating narcotics cases which causes inequality in sentencing and determining appropriate sentencing criteria that the judge can take into consideration so that there is no inequality in punishment in the future. Inequality in sentencing has the meaning of giving different sentences to convicts in cases that are similar or almost similar in terms of the level of crime, whether they are carried out simultaneously or not, without justifiable reasons. This research aims to identify and analyze the basic considerations of judges in determining sentences against drug offenders, as well as identifying the factors that influence judges' decisions against perpetrators, especially those who violate Article 112 and Article 114 Paragraph 1 of Law Number 35 of 2009 concerning Narcotics. The data used in this research is secondary data in the form of judge's decisions. The analytical approach used is the case approach and criminal law concepts. The research results show that the judge considered the evidence presented in accordance with the procedures regulated in the Criminal Procedure Code in deciding the case. Factors that influence the judge's decision include legal aspects, characteristics of the perpetrator, and subjective factors of the judge concerned.
Authors and Affiliations
Reni Ayu Wulandari, Handoyo Prasetyo
Keywords
Related Articles
- EP ID EP735913
- DOI 10.47191/ijsshr/v7-i05-103
- Views 40
- Downloads 0
Some Issues on Improving Learners’ Creative Thinking Competence
One of the trends in the primary and comprehensive renovation of education in Vietnam today is the promotion of learner-centered teaching methods, moving from the content-based educational program to the competency-based...
Double Burden of Working Mothers in Balancing Family and Workplace: A Qualitative Analysis
Women's empowerment has attracted the attention of all people worldwide, which is considered to be one of the main parts of development. Independence, financial solvency, and decision-making power trigger women to join t...
An Analysis of Factors Influencing the Adoption of Internet Banking in Mauritius
The advent of ICT has transformed industries around the world. The benefits resulting in better quality service, speedier services, cost reduction, business process re-engineering, more valued employments, among others a...
The connotation of equal educational opportunities and its policy implications
Equal education has always been the goal of the vast number of educators. I n a ncient C hina, Confucius used the f our c haracters "education w ithout c lass" t o m ean "e veryone h as t he s ame r ight t o e ducation"....
Foreign Language Teaching: Content of Poly- And Multicultural Education
The paper considers foreign language teaching through addressing the issues of quality in education and highlighting the significance of including certain methodologies connected with educating poly- and multicultural pe...