Disparitas Terhadap Pertanggungjawaban Pidana Pelaku Permufakatan Jahat Tindak Pidana Narkotika

Abstract

Sentencing disparity is the provision of different sentences for cases that have similar legal fact characteristics. In this case, the focus of the author's research is two court decisions that have permanent legal force, namely Decision Number 1023/Pid.Sus/2022/PN JKT.BRT. and Decision Number 1024/Pid.Sus/2022/PN JKT.BRT., where the actions of both included attempts or criminal conspiracy in the illegal buying and selling of narcotics. This research was carried out with the aim of finding out the application of the elements of criminal conspiracy and the criminal responsibility of the perpetrators in Decision Number 1023/Pid.Sus/2022/PN JKT.BRT. and Decision Number 1024/Pid.Sus/2022/PN JKT.BRT. The approach method used is Normative Juridical and data analysis uses a qualitative approach. The results show that criminal liability for perpetrators of criminal conspiracy in narcotics crimes is imposed by the panel of judges in accordance with the perpetrators' mistakes.