Please use this identifier to cite or link to this item:
Appears in Collections:Faculty of Social Sciences eTheses
Title: Judicial Perspectives on the Sentencing of Minor Drug Offenders in Indonesia
Author(s): Mustafa, Cecep
Supervisor(s): Malloch, Margaret
Smith, Niall Hamilton
Keywords: Drug culture
Issue Date: 1-Jul-2019
Publisher: University of Stirling
Citation: Mustafa, C. (2016). “Punishment, in fact, did not resolve the problem": Judicial perspectives on the sentencing of minor drug offenders in Indonesia. British Society of Criminology. (16), 89–106. Available at [Accessed 02 February 2018]
Abstract: This study presents the perceptions of Indonesian Judges in sentencing minor drug offenders. The judge holds a central role in the sentencing process, and because of the judicial discretion they can use it is essential to understand how judges come to their sentencing decisions. To develop an understanding of how judges perceive their actions in decision-making and sentencing of drug users, a total of 31 participants were interviewed: 28 participants came from the District Courts in Urban and Rural jurisdictions in Indonesia (17 in Urban Court and 11 in Rural Court) and three were Supreme Court judges. The data demonstrated that the majority of minor drug offenders are from poorer backgrounds. Poverty was found to lead people to the drug culture. Moreover, lack of understanding of the harm caused by taking drugs and living under drug prohibition were considered as contributing factors to people involved in minor drug offences. Thus, minor drug offenders are considered by judges as victims of their circumstances. Within structural inequality, the imposition of harsh sentencing to minor drug offenders who suffer from socio-economic problems raises issues surrounding justice. Within the current legal structure of Indonesian courts, which are primarily retributive and have drug prohibitionist policies, the majority of participating judges consider drug sentencing as reflecting those prohibitionist policies. However, a substantial minority of participating judges interpreted the form of the sentence within available limits. These findings will contribute to the sociological understanding of the context in which judicial culture shaped the formation of the judiciary as a group and the impact of Islamic culture on the participating judge’s positive preference for rehabilitative problem-solving in the Indonesian context.
Type: Thesis or Dissertation
Affiliation: Faculty of Social Sciences

Files in This Item:
File Description SizeFormat 
Cecep Mustafa PhD thesis Final.pdfCecep Mustafa PhD1.74 MBAdobe PDFUnder Embargo until 2024-07-02    Request a copy

Note: If any of the files in this item are currently embargoed, you can request a copy directly from the author by clicking the padlock icon above. However, this facility is dependent on the depositor still being contactable at their original email address.

This item is protected by original copyright

Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.

If you believe that any material held in STORRE infringes copyright, please contact providing details and we will remove the Work from public display in STORRE and investigate your claim.