Pertimbangan Hakim dalam Menjatuhkan Sanksi Pidana terhadap Residivis Narkoba dalam Perspektif Hukum Positif dan Hukum Islam (Studi Putusan Nomor 576/PID.SUS/2025/PN JMB)

Abstract

In the judicial reasoning for Judgment No. 576/Pid.Sus/2025/PN Jmb, it is evident that the defendant's status as a repeat offender (recidivist) for drug abuse was not treated as grounds for imposing a harsher sentence. Consequently, the sanction imposed was relatively lenient, raising concerns that it fails to serve as an effective deterrent—either for the offender or the general public—against repeating or committing similar criminal acts. To address this, the present study employs a case study method conducted over a six-month period, focusing on the judge's reasoning in determining criminal sanctions for drug recidivists. The legal materials utilized encompass primary, secondary, and tertiary sources. Data were gathered through document analysis and examined using a qualitative approach. The findings indicate that, in Judgment No. 576/Pid.Sus/2025/PN Jmb, the defendant's status as a drug recidivist was not considered an aggravating factor during sentencing. As a result, the judgment is deemed lenient and ineffective in creating a deterrent effect for the offender. While Indonesian positive law typically mandates sentence enhancement for recidivists, Islamic law classifies such conduct as a serious offense subject to *ta’zir* sanctions, intended to ensure deterrence and protect the community.