Disparity of Criminal Implementation against Class I Narcotics Criminal Offenders

Abstract

This research aims to analyze the occurrence of disparities in the application of criminal offenses against perpetrators of class I narcotics crimes in ten criminal decisions at the Mataram District Court, including how there are disparities in criminal decisions for perpetrators of class I narcotics crimes, how judges consider in deciding class I narcotics crime cases. The type of research used in this research is normative legal research using statutory, conceptual and case approaches. The types of legal materials used are primary, secondary and tertiary legal materials. Analysis of legal materials using qualitative analysis. The results of the research show that the disparity in criminal decisions for perpetrators of category I narcotics crimes occurs as a result of the legal culture that colors the course of law enforcement, where in practice there is a condition where there is no unified law in terms of Sentencing Guidelines for sentencing in court. Mataram country, apart from that, there is the potential for a clash of legal norms between articles in the Narcotics Law regarding the formulation of a strict and clear separation between the roles of narcotics abusers and dealers in articles 111 - up to 127. Then it is up to the judge's consideration in making a decision at the Mataram energy court in casu is based on 2 main factors, namely: firstly, the Judge's decision is greatly influenced by the magnitude of the Prosecutor's demands, secondly, the Judge's Confidence Factor which arises from the evidence of the trial facts.