Jurnal Komunikasi Hukum
Vol 11 No 1 (2025): Februari, Jurnal Komunikasi Hukum

DISPARITAS PEMIDANAAN STUDI KASUS TINDAK PIDANA NARKOTIKA DI PENGADILAN TINGGI DENPASAR

Kadek Rahayu Purwaningsih. M (Unknown)



Article Info

Publish Date
01 Feb 2025

Abstract

This study aims to: (1) examine the factors that cause sentencing disparities in narcotics crime cases at the Denpasar High Court, and (2) identify and analyze the efforts made by law enforcement officials to prevent sentencing disparities. This research uses an empirical legal research method with a descriptive research. The study was conducted at the Denpasar High Court. Data were collected through document study and interviews with judges who handled Case Number 63/Pid.Sus/2024/PT Dps and Case Number 2/Pid.Sus/2024/PT Dps. The sampling technique applied was non-probability sampling with a purposive sampling type. The results of this research show that: (1) sentencing disparity occur due to the absence of binding sentencing guidelines, the discretionary power of judges, subjective factors and individual character of the judges, and the different circumstances of defendants in each case. (2) Efforts made by law enforcement authorities to prevent sentencing disparity include providing rational and transparent legal considerations, strengthening judicial ethics and professionalism, and encouraging academic and public discourse as a form of social contro

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Journal Info

Abbrev

jkh

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JURNAL KOMUNIKASI HUKUM is a peer-reviewed journal that publishes scientific articles in the field of law. The published articles are the results of original scientific research and review of legal interactions. JURNAL KOMUNIKASI HUKUM is published by Faculty of Law and Social Sciences of ...