DISPARITAS PUTUSAN HAKIM DALAM TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA (Studi Kasus di Pengadilan Negeri Kepanjen)

Criminal sanctions aim to give special suffering (bijzonder leed) to the perpetrator to feel the consequences of his actions. In addition to addressing the suffering of the perpetrators, criminal sanctions are also a form of defamation statements against the acts of the perpetrator. In narcotics cases, criminal sanctions are required as a deterrent effect imposed by the judge to the perpetrators of the crime of narcotics abuse. However, there are often differences in criminal sanctions imposed by judges on the same case or better known as Criminal Disparity. Criminal disparity is the gap between one decision and another in the same case. This study uses a sociological juridical approach, meaning a study conducted on the state of society with the intent and purpose to find the facts (fact-finding). This study uses primary and secondary legal materials. This research will be processed by using descriptive qualitative analysis method that is trying to describe a social phenomenon. From the results of research, it was found that the cause of the disparity of the judge's decision against the perpetrators of narcotics crime is derived from its legislation, namely Law No. 35 of 2009 on Narcotics. In the law only regulate the minimum and maximum limits so as to allow judges to freely choose to impose criminal sanctions, as well as factors derived from judges, both in terms of internal and external. Through this research, it is suggested that the draft legislators to be able to improve Law Number 35 Year 2009 on Narcotics primarily contain a clear and unequivocal criminal threat, besides it is expected that in the Indonesian Criminal Law legislation to contain Punishment guidelines for judges in imposing criminal sanctions. Suggestions for Judges in their decisions should include in detail the basis of consideration. Although judges have the freedom of judgment, they should maintain objectivity so that their verdicts reflect a sense of justice for the people of Indonesia