TINJAUAN YURIDIS TERHADAP DISPARITAS PEMIDANAAN DALAM PERKARA PIDANA DENGAN ALASAN TERDAKWA BELUM PERNAH DIPIDANA (STUDI PUTUSAN NOMOR 217/PID.SUS/2024/PN KTB, PUTUSAN NOMOR 30/PID.SUS/2025/PT BJM, DAN PUTUSAN MAHKAMAH AGUNG NOMOR 5281 K/PID.SUS/2025)

Abstract

This study aims to analyze the forms of sentencing disparity and the panel of judges' ratio decidendi across three judicial levels in a narcotics crime case involving the defendant Irwinsyah (alias Erwin) Bin Usman Halpan. This research employs a normative legal research method of a prescriptive-descriptive nature, utilizing statutory and case approaches through a comprehensive examination of hierarchical court decision files. The findings reveal a significant vertical sentencing disparity, encompassing both the offense qualification and the sentence duration. The Kotabaru District Court imposed a 5-year prison sentence and a fine of IDR 1,000,000,000.00 under Article 114 paragraph (1) in conjunction with Article 132 paragraph (1) of Law Number 35 of 2009 (conspiracy in illicit trafficking). The Banjarmasin High Court modified the legal classification to Article 127 paragraph (1) letter a of Law Number 35 of 2009 (abuser for personal use) with a 2-year prison sentence, established on the evidentiary proof of mens rea for personal consumption. The Supreme Court at the cassation level upheld the abuser qualification but reduced the sentence to 1 year and 6 months of imprisonment to achieve proportionality and account for the mitigating circumstance that the defendant had no prior convictions. Although the judicial decisions rectified the erroneous application of repressive law, they have not optimally implemented medical and social rehabilitation approaches as mandated by narcotics criminal law reform.