JURNAL USM LAW REVIEW
Vol. 7 No. 3 (2024): DECEMBER

Judges' Efforts to Uphold the Principles of Legal Justice and Human Rights in Imposing Sanctions in Drug Cases

Septian, Nurul Naeni (Unknown)
Pangastuti, Inagatha Setyarahma (Unknown)



Article Info

Publish Date
14 Dec 2024

Abstract

This study aims to analyze whether court decisions in drug abuse cases are based on Indonesia's principles of justice and human rights. This study is important to conduct because there are quite significant differences in the sanctions received by perpetrators of drug crimes, giving rise to the perception that judges are inconsistent in providing fair decisions for perpetrators of drug crimes. In their decisions, judges often ignore the principles of human rights to provide a deterrent effect to perpetrators of drug crimes. Hence, the assumption arises that judges in many cases discriminate against defendants of drug crimes. This study uses a normative legal approach and case studies to examine the case submitted in decision number 1041/Pid.Sus/2024/PN.Sby. Based on these findings, the judge attempts to uphold a fair decision by imposing a sentence commensurate with the error and considering the economic ability of the perpetrator to pay the fine, with the option of additional imprisonment for six months if unable to pay. This decision approach aims to uphold the principles of human rights. Keywords: Drug Abuse; Human Rights; Principle of Justice

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Journal Info

Abbrev

julr

Publisher

Subject

Social Sciences

Description

Journal USM LAW REVIEW (JULR) is an academic journal for Legal Studies published by Master of Law, Semarang University. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches ...