Analisis Disparitas Putusan Sanksi Pidana Terhadap Kurir Narkotika di Pengadilan Negeri Barru Tinjauan Yuridis dan Normatif

Abstrak

This study aims to analyze disparities in sentencing for drug couriers and their impact on the sense of justice for both the permit issuer and the public. Disparities in sentencing in drug cases often raise questions about fairness in law enforcement, particularly when defendants are charged under the same article but receive different sentences. This study identifies the legal and non-legal factors influencing these disparities. This study uses a normative approach with legal analysis through regulatory and case studies. The results show that disparities in outcomes not only affect the sense of justice for the fraudsters but also create dissatisfaction in the community, particularly among the fraudsters' families. Factors influencing these disparities in sentencing include provisions in Law No. 35/2009 concerning Narcotics as well as non-legal considerations such as family support and pardons.