Abstract
This paper explores the perceptions of Indonesian Judges in sentencing minor drug offenders. The Judge holds a central role in the administration of justice and, because of the significance of judicial discretion, it is essential to understand how judges come to their sentencing decisions. To develop an understanding of what judges are trying to achieve when sentencing minor drug offenders, a total of 31 judges were interviewed: 28 participants came from District Courts in Urban and Rural jurisdictions in Indonesia (17 from Urban Courts and 11 from Rural Courts) and three were Supreme Court judges. The findings highlight that the process of justice involves not merely the application of the rule of the law or relevant legal codes; rather, how the judiciary balance and interpret the law is a central part of court sentencing practice.
Highlights
The context of sentencing is a crucial area to complement existing literature on the sentencing of individuals prosecuted for minor drug1 offences [35, 36]
An important part of the context consists of the legal culture in which sentencing practices operate [12, 13, 22]
The aim of this paper is to explore the forms of justice which operate within the context of the Indonesian legal culture as applied to sentencing practice in relation to minor drug offences
Summary
The context of sentencing is a crucial area to complement existing literature on the sentencing of individuals prosecuted for minor drug offences [35, 36]. The aim of this paper is to explore the forms of justice which operate within the context of the Indonesian legal culture as applied to sentencing practice in relation to minor drug offences. Common law provides more opportunity for judges to craft their sentences, but as a result, the judiciary may need to follow sentencing guidelines to avoid disparity. This acknowledges the way, within common law culture, that the application of the rule of law is implemented through sentencing practices [11]. Even in Indonesia where judges must follow a written penal code, variations in sentencing still occur due to cultural differences that inform judicial consideration of the application of the rule of law when sentencing drug offenders
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