Legal Analysis Of Judicial Discretion In Deviation Of Special Minimum Sentence Imposition In Narcotics Criminal Cases From The Perspective Of Justice (Case Study Of Supreme Court Decision Number 1306 K/Pid.Sus/2025)

Abstract

From a sociological and jurisprudential perspective, narcotics crimes in Indonesia are not merely legal violations but also manifestations of social deviance closely related to structural and socio-economic conditions. Indonesian narcotics law classifies such crimes as extraordinary crimes, accompanied by rigid sentencing policies, including mandatory minimum sentences. However, in judicial practice, the application of these minimum sentences often conflicts with substantive justice, particularly in cases involving small quantities of narcotics and defendants who function primarily as users or low-level distributors. This tension places judges at the intersection of legal certainty, justice, and the social purpose of punishment. This normative juridical research analyzes the judicial discretion to deviate from mandatory minimum sentences in narcotics cases, focusing on the implementation of Supreme Court Circular Letter (SEMA) Number 3 of 2023. The findings indicate that sentencing in narcotics cases reflects an ongoing shift from a rigid retributive approach toward a more corrective and rehabilitative paradigm. Although the defendant's actions formally fulfilled the elements of narcotics trafficking, the minimum quantity of evidence and the defendant's limited role justified judicial deviation from the mandatory minimum sentence. The Supreme Court's correction of the appellate decision demonstrates an effort to balance individual justice with systemic consistency and to prevent excessive sentencing disparities. This study concludes that mandatory minimum sentences should not be applied as absolute commands that negate judicial conscience. Judicial discretion, guided by Supreme Court policy and grounded in substantive justice, is essential to ensure proportional, humane, and socially meaningful punishment within Indonesia's narcotics criminal justice system.