Criminal disparity in the policy of application the criminal acts of narcotics in Indonesia
Desi Dwi Hariyani, Supanto
This study aims to determine the factors that cause differences in the application of the law in dealing with narcotics crimes related to criminal acts of abuse (Article 127) and abuse (Article 112), causing disparities. This research is a non-doctrinal legal research. The results of the study show that the disparity in sentencing in narcotics cases occurs because of differences in the application of the law between Judges of the First Level Court, Judges of the Appellate Level, and Judges of the Cassation Level, where the Judges of the First Level Court and Judges of the Court of Appeals Level for narcotics cases of methamphetamine type with the amount of evidence in under one gram, but if at the time of being caught red-handed they are not using narcotics, they tend to apply Article 112 (criminal act of narcotics abuse) with a minimum penalty of four years, while the Judge of the Court of Cassation in the same case tends to apply Article 127 (criminal act of drug abuser). with a maximum penalty of four years. From the two articles it is clear that there is a disparity in the criminal threats where in Article 112 the minimum penalty is four years while in Article 127 the maximum penalty is four years, so that the difference in the application of the two articles will definitely greatly affect the punishment for the two articles.