"Punishment, in fact, did not resolve the problem": The judicial perspectives on the sentencing of minor drug offenders in Indonesia

Citation

Mustafa C (2018) "Punishment, in fact, did not resolve the problem": The judicial perspectives on the sentencing of minor drug offenders in Indonesia. In: Seal L & Jones H (eds.) volume 16. BSC Annual Conference 2016: Inequalities in a diverse world, Nottingham, 06.07.2016-08.07.2016. London: British Society of Criminology, pp. 93-110. http://www.britsoccrim.org/publications/pbcc/

Abstract
The purpose of this study is to explore the judicial perspectives on the sentencing of minor drug offenders; In order to understand the judiciary perspectives, it is important, as is the focus of this study in the case of Indonesia, to explore the judicial perspectives under social conditions where they operate (Hutton, 2006). The methodological design draws upon qualitative methods in order to undertake micro/meso levels of analysis. It comprises of the following phases: an in-depth case study of two Indonesian district courts ; and semi-structured interviews with key experts from the Indonesian Supreme court.  Judges perceive drug offences as global concern and more serious. Judges feel being constrained by prosecutor's indictment, appellate procedure, medical assessment, and the availability treatment facilities. Rehabilitation for minor drug offender were seen as being in the interests of judges and the society.

Keywords
inequality; sentencing; judge; perspectives; minor drug offenders

Notes
http://www.britsoccrim.org/conference/conference2016/

Journal
Papers from the British Criminology Conference: Volume 16

• Published version