KEADILAN BAGI PENYALAHGUNA NARKOTIKA DI INDONESIA

Abstract

This article presents the perceptions of Indonesian Judges in sentencing minor drug offenders. The judge holds a central role in the sentencing process, and because of the judicial discretion they can use it is essential to understand how judges come to their sentencing decisions. To develop an understanding of how judges perceive their actions in decision-making and sentencing of drug users, a total of 31 participants were interviewed. The data demonstrated that justice is presented as conditional, depending on various influencing factors that are primarily, though not entirely, one of tension and contradiction. One of the factors that influence the judge's decision is politics and the legal apparatus. This article contributes to the perception of judges who are influenced by juridical and sociological factors.