DISPARITAS PEMIDANAAN PENYALAH GUNA NARKOTIKA

Abstract

This research aimed at determining the effect of disparity, the independence of judges, and  understanding the efforts in minimizing the possible disparity of narcotic crime. This research used normative method elaborated by some research approaches such as Statute Approach, Conceptual Approach, and Comparative Approach. Independence of Judges has established disparity in punishment because in determining the sentences, the judge is free from intervention of any party. The judge is also free to explore, understand and comprehend the values of justice and shall assess  good and bad behaviors of each candidate convicted subjectively. With the model of criminal threats that applied in Indonesia, disparity in punishment cannot be avoided. Therefore, in order to minimize the possible disparity, the judge must have the same understandings and principles in determining punishment.