Formulation of Disparity of Punishment in Drug Abuse Cases

Abstract

Penal disparity is the imposition of unequal sentences for the same crime or for crimes whose dangerous nature can be compared without a clear justification. In practice, judges' decisions in juvenile criminal cases result in disparities in punishment. Therefore, the issue of sentencing is not only important for judges and the judicial process, but also for the legal process as a whole, especially in terms of law enforcement. Where in this case there are different criminal sanctions between the children who commit the crime. Disparity in decisions cannot be separated from the judge's discretion in imposing sentences in a criminal case. In this research the author will examine narcotics cases in decisions Number 101/Pid.Sus/2022PN Smn and Number 68/Pid.Sus/2020/PN Smn. The author will discuss what factors can cause disparities in punishment, then the basis for the judge's considerations and finally the obstacles a judge has in deciding a case. The approach that will be used is a Sociological Juridical approach. The sources and types of data in this research are primary data obtained from field studies with interviews. And secondary data was obtained from literature study. The results of this research show that disparities in punishment occur due to various things that make the decision of the panel of judges different from one decision to another in the same case.