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All Journal MLJ Merdeka Law Journal Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Nahdiya Sabrina
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Law, Crime, Criminology & Criminal Justice

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Journal : MLJ Merdeka Law Journal

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Disparitas Putusan Hakim Nomor 115/Pid.Sus/2023/PN Brb Dengan Putusan Hakim Nomor 116/Pid.Sus/2023/PN Brb Mengenai Tindak Pidana Jual Beli Narkotika Arianda, Hafiz Satria; Nahdiya Sabrina
MLJ Merdeka Law Journal Vol. 5 No. 2 (2024): November 2024, Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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Abstract

This research discusses criminal disparities, namely the imbalance in the application of sentences by judges for the same or comparable crimes without valid reasons. This research focuses on disparities in Judge's Decision Number 115/Pid.Sus/2023/Pn Brb and Judge's Decision Number 116/Pid.Sus/2023/Pn Brb regarding narcotics buying and selling cases. The research method used is the normative legal method. The results of the analysis show that disparities in judges' decisions are caused by legal factors (legislation), internal factors of the judge (personal condition of the judge), and external factors (condition of the defendant at trial). In Decision Number 115/Pid.Sus/2023/PN Brb, the judge took into account the history of the defendant who had been convicted of a narcotics crime in 2013 and served a sentence of 8 years and 6 months. The judge sentenced him to 7 years in prison and a fine of IDR 1 billion, taking into account aggravating circumstances such as not supporting the government's program to eradicate narcotics and a history of previous convictions. Meanwhile, in Decision Number 116/Pid.Sus/2023/PN Brb, the judge sentenced him to 5 years and 3 months in prison and a fine of IDR 1 billion, taking into account aggravating circumstances such as not supporting government programs and disturbing the community. If the fine is not paid, the defendant will serve an additional 3 months in prison Keywords: Disparity, Judge's Deci-sion, Buying And Selling Narcotics
Analisis Penegakan Hukum Terhadap Penyalahgunaan Narkotika yang dilakukan oleh Anggota TNI dan Polri Arif Widodo; Setiyono; Nahdiya Sabrina
MLJ Merdeka Law Journal Vol. 6 No. 2 (2025): November,2025
Publisher : Postgraduate University of Merdeka Malang

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Abstract

Drug abuse within the Indonesian National Armed Forces and the Indonesian National Police is a serious violation that impacts not only the personal honor of members, but also the stability of state security and the image of the institution. This action must be dealt with firmly in accordance with the provisions of the law, especially Law Number 35 of 2009 concerning Narcotics. The formulation of the problem in this study includes: (1) How is the law enforcement against drug abuse committed by members of the Indonesian National Armed Forces based on the Decision of Dilmil III-12 Surabaya and by members of the Indonesian National Police based on the legal process at the Malang Police; and (2) What are the obstacles in the process of law enforcement against drug abuse committed by members of the Indonesian National Armed Forces and the Indonesian National Police. This study uses an empirical legal method with an empirical juridical approach. The results of the study show that law enforcement within the Indonesian National Army is still based on Law Number 35 of 2009 and the Army Chief of Staff Telegram Letter Number ST/166/2020 dated January 20, 2020, which emphasizes strict sanctions without compromise. Meanwhile, the law enforcement process within the Indonesian National Police tends to provide room for consideration of lighter sanctions. Obstacles within the Indonesian National Armed Forces include internal factors such as a lack of legal socialization and a lack of integrated handling, as well as external factors such as limited infrastructure, geographical constraints, and individual character. Obstacles within the Indonesian National Police include internal factors such as weak legal awareness, violations of the code of ethics, and workload, while external factors include a lack of community participation, pressure on investigators, and environmental influences.
Co-Authors Arianda, Hafiz Satria Arif Widodo Aris Hardinanto setiyono