DISPARITAS SANKSI PIDANA PENJUAL NARKOTIKA (ANALISIS PUTUSAN NOMOR 504/PID.SUS/2018/PN.MLG DANPUTUSAN NOMOR 435/PID.SUS/2020/PN.MLG).

This study aims to determine the consideration of Malang District Court judges in making decisions that give rise to criminal disparities in Decision Number 504 / Pid.Sus / 2018 / PN.Mlg and Decision Number 435 / Pid.Sus / 2020 / PN.Mlg in cases of applying criminal sanctions. Narcotics seller. This research is a normative research with prescriptive and applied characteristics. The type of data used is secondary data with the legal material collection technique used by the author is document study or literature study which is carried out by collecting primary and secondary legal material, then read, studied and analyzed to answer legal problems as a support in research. Criminal disparities arise due to the imposition of different sentences for similar crimes. The results showed that based on the judge's consideration in his decision, the Malang District Court judges applied a crime according to the rule of law, and the judge's consideration had a clear justification. Because not always and not all criminal disparities are considered wrong and deviating from juridical, sociological and philosophical aspects