<![CDATA[Judicial independence in sentencing constitutes a fundamental principle of the criminal justice system, aimed at ensuring the attainment of substantive justice and legal certainty. The enactment of the National Penal Code (KUHP Nasional) affords judges broader discretionary authority in determining the type and degree of punishment. Islamic criminal law, for its part, has long recognized the concept of judicial independence through the principles of istiqlāl al-qādī and ijtihād al qādī, particularly in taʿzīr cases. This study aims to analyze judicial independence in sentencing from the perspectives of the National Penal Code and Islamic criminal law. The study employs normative legal research. The legal materials consist of primary sources, including the National Penal Code and foundational sources of Islamic criminal law, as well as secondary sources, such as relevant legal literature and scholarly journals. The findings reveal that both the National Penal Code and Islamic criminal law recognize judicial independence as a pivotal principle in sentencing. The commonality lies in the acknowledgment of judicial discretion in the individualization of punishment. Nevertheless, fundamental differences exist regarding the sources of legitimacy, the scope of discretion, and the orientation of sentencing objectives.]]>
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