Aspects of Justice towards Criminal Disparity for Drug Abusers

Convicted narcotics abusers after being imprisoned comparing the imposition of punishment with other convicts will feel that their detention period is much longer than that of other convicts even though they have the same criminal offense. Based on these legal issues, the problems to be discussed are the factors causing disparity in judges' decisions against narcotics abusers and the basis for judges' considerations in imposing different decisions on narcotics abusers based on Decision Number 156/Pid.Sus/2021/PN.Met, Decision Number 39/Pid.Sus/2020/PN.Met and Decision Number 134/Pid.Sus/2021. The methods used in this research are normative juridical and empirical juridical approaches using primary and secondary data. Data collection using the literature study method and supported by the results of research interviews. Based on the results of the study, the factors causing disparity are that there are no guidelines for judges in deciding criminal acts of narcotics abuse, then the judge factor is due to the judge having very broad freedom so that it gives the judge discretion to impose a sentence. Juridically, the judge's consideration is based on legal facts revealed in the trial, while non-juridically is the judge's judgment outside of the revealed legal facts. Judges in making legal considerations must be able to explicit the decision and in the consideration of the judge is expected that the judge can strive for drug abusers to be rehabilitated and can humanize humans