Smart Society: Community Service and Empowerment Journal
Vol. 6 No. 3 (2026): Smart Society

Reconstructing Judicial Discretion in Drug Rehabilitation Sentencing: A Ratio Decidendi Analysis of Judgment No. 1365/Pid.Sus/2017/PN.Tjk

Tarmizi (Advokat Firma Hukum Tarmizi & Rekan)
Heni Siswanto (Universitas Lampung)
Muhtadi (Universitas Lampung)
Maroni (Universitas Lampung)
Rinaldy Amrullah (Universitas Lampung)



Article Info

Publish Date
06 Sep 2026

Abstract

Judicial decisions on rehabilitation for narcotics abusers often require judges to reconcile criminal accountability with rehabilitative objectives, yet the parameters guiding such discretion remain insufficiently structured. This study examines the ratio decidendi underlying judicial discretion in Judgment No. 1365/Pid.Sus/2017/PN.Tjk and develops parameters for more consistent rehabilitation decisions. This study employs normative legal research using statutory, case, and conceptual approaches to examine the legal provisions on narcotics rehabilitation, Judgment No. 1365/Pid.Sus/2017/PN.Tjk, and the concepts of judicial discretion, ratio decidendi, punishment, and rehabilitation. The legal materials are analyzed through qualitative legal interpretation and prescriptive reasoning. The findings show that the decision combined imprisonment with rehabilitation; however, the reasoning within it lacked an explicit and structured framework for exercising discretion. This study reconstructs four parameters: normative, medical, juridical, and the purpose of sentencing. These parameters are operationalized through six stages of legal reasoning, ranging from identifying applicable norms, reconstructing proven facts, integrating assessment findings, correlating facts with legal requirements, exercising structured discretion, and formulating sanctions. This model contributes to individualized sentencing by providing a more transparent framework for balancing legal certainty, justice, rehabilitation, and the protection of society.

Copyrights © 2026






Journal Info

Abbrev

smartsoc

Publisher

Subject

Humanities Education Languange, Linguistic, Communication & Media Social Sciences Other

Description

Smart Society: Community Service and Empowerment Journal [e-ISSN: 2807-5757, p-ISSN: 2807-5722] is medium of communication for researchers, academicians, and practitioners from all over the world that covers issues such as the improvement of Community Service and Empowerment including community ...