Article Per Year (5 Year)
p-Index From 2021 - 2026
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All Journal Journal of Law Science The International Journal of Politics and Sociology Research
Mawarni Fatma
Universitas Gajah Putih, Indonesia
Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Inconsistency in judges' legal considerations addressing special narcotics crimes Muhamad Romdoni; Fathullah Fathullah; Mawarni Fatma; Zulfikri Darwis
The International Journal of Politics and Sociology Research Vol. 11 No. 1 (2023): June: Law, Politic and Sosiology
Publisher : Trigin Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/ijopsor.v11i1.147

Abstract

The judge's legal considerations must be based on theories, jurisprudence, doctrine, trial evidence, and anything else that can clarify the case. Inconsistency in evaluating cases managed by judges in the same court for the same crime, however, can lead to inequity by imposing different sanctions. This study's objective is to examine the legal considerations judges take into account when resolving cases and issuing court decisions. This study employs a normative methodology with a comparative and statutory approach. The obtained data is then deductively processed and descriptively analyzed. The findings of this study indicate that the various judicial considerations contributed to the production of an unjust decision. This is evident from the decision number 273/Pid.Sus/2022/PN-Srg. This is due to the inconsistency of the judge's legal considerations, which leads to disparities in sentencing for narcotics-related offenses. This research shows that the regulations regarding narcotics in Indonesia are not optimal because judges as God's representatives on earth have not been able to provide the expected justice
A critique and solution of justice, certainty, and usefulness in law enforcement in Indonesia Muhamad Romdoni; Mawarni Fatma; Rizki Nurdiansyah; Suyanto Suyanto; Arief Fahmi Lubis
Journal of Law Science Vol. 5 No. 4 (2023): October : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v5i4.4269

Abstract

In Indonesia, law enforcement agencies do not collaborate to achieve justice. Due to the legal institution's position and status, the Supreme Court is responsible for adjudicating and deciding cases, while the executive is responsible for investigating and adjudicating. Consequently, instead of striving to uphold the law in the public interest, they typically prioritize the interests of their respective institutions. Therefore, the purpose of this study is to determine if law enforcement and judicial justice can bring harmony to those seeking justice. This study aims to provide answers through the use of juridico-philosophical methods and literature studies by conducting theoretical studies of theories of justice and their relationship to the implementation of law enforcement within the judiciary. The findings indicate that power and other powers continue to influence the judicial system as an institution whose independence in upholding law and justice is guaranteed, particularly the influence of executive power and political power. In addition, the court's function as a law enforcement agency is not entirely autonomous, so the court's primary responsibility is to promote peace and justice in society. Therefore, in order to promote a sense of tranquility among justice advocates, it is necessary to strengthen the justice system, which is their final sanctuary.
Co-Authors Arief Fahmi Lubis Fathullah Fathullah Muhamad Romdoni Rizki Nurdiansyah Suyanto Zulfikri Darwis