ANALISIS PUTUSAN HAKIM NOMOR 400/PID.SUS/2022/PN.MLG DAN RELEVANSINYA DENGAN DAKWAAN JAKSA PENUNTUT UMUM

This study analyzes the application of Supreme Court Circular Letter (SEMA) Number 3 of 2015 by judges in criminal justice practice, particularly regarding the conformity between prosecutorial indictments and judicial decisions imposing sentences below the statutory minimum in narcotics cases. The research employs an empirical normative method supported by interviews with Public Prosecutors at the Malang District Prosecutor’s Office and literature review. The findings indicate that SEMA Number 3 of 2015 provides judges with discretion to pursue substantive justice, especially for narcotics users. However, from a normative perspective, its application potentially conflicts with the principle of legality, the principle of lex superior derogat legi inferio-ri, and Article 197 paragraph (1) letter f of the Indonesian Criminal Procedure Code, resulting in disharmony between indictments and judicial decisions and undermining legal certainty.