ANALISIS YURIDIS PUTUSAN NOMOR 4721 K/PID.SUS/2025 TERKAIT PIDANA DIBAWAH MINIMUM KHUSUS PERKARA TINDAK PIDANA NARKOTIKA

Abstract

Special minimum sentences are regulated separately outside the Criminal Code in certain criminal acts, such as narcotics crimes, corruption crimes, and crimes related to serious human rights in accordance with the provisions of the Supreme Court Circular as a guideline Afor justice. The imposition of special minimum sentences on defendants by the panel of judges, both in judex facti and judex juris, is purely based on the inner attitude of the panel of judges who make a benchmark based on the legal facts in the case. The application of special minimum sentences on Occused in Article 114 paragraph (1) of Law Number 35 of 2009 concerning Narcotics is regulated in Supreme Court Practice Direction Number 3 of 2023 with reference to Supreme Court Practice Direction Number 4 of 2010 as fulfilling the requirements for imposing special sentences in narcotics criminal cases, often applied by the panel of judges to provide opportunities for drug addicts to rehabilitate. This difference in decisions is what, in its measurement, has a significant impact on sentencing, known as disparity. Although judges' decisions have permanent legal force and are considered correct, deviations in deciding cases that do not comply with applicable laws and judicial guidelines occurred in Supreme Court Decision No. 47221 K/Pid.Sus/2025, thus obscuring the validity of the principle of legal certainty.