The Criminal Disparity in Special Criminal Cases on Narcotics at Karanganyar State Court

Abstract

The disparity of criminal decisions has the meaning of unequal punishment of convicts in the same case or cases with almost the same level of crime, whether committed jointly or not without justifiable basis. This study aims to find out and analyze the basis for consideration of judges in imposing criminal decisions on perpetrators of narcotics crimes at the Karanganyar District Attorney's Office; Knowing the factors that influence the judge's decision against the perpetrators of criminal acts, especially those who violate Article 112 paragraph 1 of 35 of 2009 concerning narcotics. The data used is secondary data in the form of a judge's decision. The analytical approach used is the case approach and the concept of criminal law. The results of this study indicate that in deciding cases judges use evidence as stated in the Criminal Procedure Code. The factors that influence the judge's decision include three things, namely: the legal factor itself, the perpetrator factor and the judge concerned.