DISPARITAS PIDANA TERHADAP PENERAPAN PASAL 132 MENGENAI PERMUFAKATAN JAHAT NARKOTIKA GOLONGAN I (Analisis Putusan Nomor: 19/Pid.Sus/2017/PN.Swl dan Nomor: 5/Pid.Sus/2018/PN.Swl)

Disparities in punishment are often related to the independence of judges because
the punishment model set forth in the Criminal Code only formulates maximum criminal
sanctions only, in addition because Law Number 48 Year 2009 on Judicial Power also
provides that: The judge must also consider the good and evil nature of the defendant. The
disparity of the decision of this judge occurred also in the District Court of Sawahlunto on
the case of narcotic criminal acts which examine and decide the case of narcotics crime
with the same panel of judges and the indictment of the same article but the decision given
to the defendant varies.