Penelitian ini bertujuan untuk menganalisis Ratio Decidendi hakim menyimpangi ketentuan minimum khusus dalam pasal 112 ayat (1) Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika dan untuk melemahkan penerapan pelanggaran ketentuan pidana minimum terhadap upaya pemberantasan tindak pidana narkotika Based on the research results, firstly the Ratio Decidendi of Judges to deviate from the Special Minimum Provisions in Article 112 of Law Number 35 of 2009 concerning Narcotics is based on the Supreme Court Circular Letter (SEMA) Number 03 of 2015 which is the basis for this practice, by providing space for judges to deviate from special minimum punishment. However, this deviation raises debates about legal certainty and the possibility of disparity in punishment in the criminal justice system. The implication of the deviation in the application of minimum punishment on the effort to eradicate narcotics crime has an impact on legal certainty, deterrent effect, and efforts to prevent narcotics crime. In terms of legal certainty, the disparity of decisions arising from the deviation of special minimum punishment has the potential to reduce public confidence in the criminal justice system. Meanwhile, in terms of deterrent effect and prevention, the application of punishment below the special minimum can reduce the deterrence power of the law, so that drug offenders do not feel the threat of strict punishment. Deviations in the application of special minimum punishment in narcotics cases have a significant impact on legal certainty, deterrent effect, and efforts to prevent narcotics crimes. In terms of legal certainty, the disparity of decisions arising from the deviation of special minimum punishment has the potential to reduce public confidence in the criminal justice system.
Herman et al. (Wed,) studied this question.