TINJAUAN TEORI KEADILAN RESTORATIF TERHADAP DISPARITAS HUKUM PEMIDANAAN BAGI PELAKU RESIDIVIS PENGEDAR NARKOTIKA (Studi Putusan Nomor 250/Pid.Sus/2024/Pn Mlg Dan Putusan Nomor 37/Pid.Sus/2019/Pn Mlg)

This research focuses on sentencing disparity among repeat drug offenders in Malang City, employing an empirical juridical method. Sentencing disparity arises when judges impose different punishments for similar cases, influenced by various factors such as the defendant's background, the type of narcotics involved, and judicial considerations. The study is driven by the high rate of recidivism among drug addicts, raising concerns about fairness in sentencing. Data were collected through interviews with judges at the Malang District Court and analysis of relevant verdicts, namely Decision No. 250/Pid.Sus/2024/Pn Mlg and Decision No. 37/Pid.Sus/2019/Pn Mlg. The findings reveal significant differences in sentencing for similar offenses committed by repeat offenders. Contributing factors include the configuration of charges and prosecutorial discretion, differing judicial interpretations of aggravating and mitigating factors, evolving legal policies and sentencing guidelines, interpretation of recidivist status, and case-specific characteristics including evidence. The study underscores the need for standardized sentencing practices to ensure justice and legal certainty for repeat narcotics offenders in Malang.