Disparities In Judges’ Decisions Against Foreign Nationals (Wna) In Narcotics And Illegal Drug Offenses A Study Of Decisions At The Medan District Court Number: 497/Pid.Sus/2015/Pn-Mdn, Number: 2479/Pid.Sus/2019/Pn-Mdn, And Number: 2478/Pid.Sus/2019/Pn-Mdn

Abstract

Sentencing disparity against foreign nationals involved in narcotics crimes at the Medan District Court undermines legal certainty. Based on Article 114 paragraph (2) of Law No. 35 of 2009, Verikas Mindaugas (Lithuanian) was sentenced to life imprisonment for possessing ± 3.3 kg of narcotics (Decision No. 497/Pid.Sus/2015/PN Mdn). Conversely, Yeap Bee Lun (Malaysian) with a larger amount of evidence (± 6 kg) received only a 17-year prison sentence (Decision No. 2479/Pid.Sus/2019/PN Mdn) and Ong Choo Peen was sentenced to 16 years (Decision No. 2478/Pid.Sus/2019/PN Mdn). Utilizing normative legal research, this study analyzes the judges' ratio decidendi. The disparity stems from judicial subjectivity in evaluating aggravating and mitigating circumstances alongside the absence of standardized sentencing guidelines.