Disparity in Narcotics Verdicts After the 2023 Criminal Code: Smuggling of 2 Tons of Methamphetamine in Batam by Fandi Ramadhan

Abstract

On March 5, 2026, the Batam District Court sentenced Fandi Ramadhan, a crew member of the tanker Sea Dragon, to only five years in prison for his involvement in the smuggling of nearly two tons of methamphetamine a verdict far below the death penalty demanded by the Public Prosecutor. This sentencing gap raises serious legal questions about the consistency of narcotics law enforcement in the era of Indonesia’s new Criminal Code. This study uses a normative juridical approach to analyze: (1) the legal basis and judicial considerations behind the five-year verdict; (2) whether the abolition of mandatory minimum sentences through Law No. 1 of 2026 on Criminal Adjustment creates systemic sentencing disparity; and (3) the mechanism of the Public Prosecutor’s appeal under the new Criminal Procedure Code (Law No. 20 of 2025). The findings show that the verdict reflects three converging legal reforms: the defendant’s limited role as a mere facilitator, the abolition of mandatory minimum sentences for narcotics offences, and the repositioning of the death penalty as a last resort under Article 98–100 of the new Criminal Code. However, the absence of a Supreme Court sentencing guideline creates risks of extreme disparity between courts, as evidenced by the contrast between this verdict and a death sentence handed down for a case involving only 700 kilograms in the same judicial region.