Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Vol 11 No 2 (2026): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam

Disparitas Pemidanaan dalam Perkara Narkotika: Analisis Proporsionalitas Putusan Nomor 105/Pid.Sus/2023/PN Plj

Ainul Badri (Universitas Dharmas Indonesia, Sumatera Barat, Indonesia)
Lailatul Qodriyanti (Universitas Dharmas Indonesia, Sumatera Barat, Indonesia)
Muhammad Ikhwan (Universitas Dharmas Indonesia, Sumatera Barat, Indonesia)



Article Info

Publish Date
26 Jul 2026

Abstract

This study aims to analyze the factors contributing to sentencing disparity, judicial considerations, and the conformity of sentencing with the principle of proportionality in Decision Number 105/Pid.Sus/2023/PN Plj. This study employs a normative juridical legal research method using statutory, conceptual, and case approaches through an analysis of the court decision and relevant legal literature. The findings indicate that sentencing disparity is influenced by the broad discretion afforded to judges, the lack of optimal standardized sentencing parameters, differences in the degree of offenders’ involvement, and a predominantly repressive orientation in addressing narcotics offenses. The panel of judges sentenced ODS to five years and six months of imprisonment and NP to five years of imprisonment, with each receiving a fine of IDR 1,000,000,000, subsidiary to six months of imprisonment. This difference indicates an attempt to apply individualized sentencing; however, the sentencing gap does not fully reflect the differences in the roles and levels of culpability of the defendants. This study contributes to strengthening sentencing policy by emphasizing the need for more objective, measurable, and proportional sentencing guidelines to minimize disparities without undermining judicial independence.

Copyrights © 2026






Journal Info

Abbrev

legalite

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Legalite is published by the Islamic Sharia Law Study Program Faculty of IAIN Langsa. This journal contains a study related to the law, thoughts, and renewal of Islamic Criminal Law both in Indonesia and abroad. This journal is published twice a year: June and ...