IDEAS home Printed from
   My bibliography  Save this paper

On Assessment of the Supreme Court Decisions in Tackling Substance Misuse in Indonesia


  • Saputra, Sony
  • Pradiptyo, Rimawan


This study aims to analyse the Indonesian Supreme Court (Mahkamah Agung) decisions to the defendants of substance misuse. The data were based on the Supreme Court decisions for substance misuse cases from 2001-2009, uploaded in The database consists of 191 cases involving 218 defendants. Logistic regression and Tobin’s logistic regression (Tobit) were used in this study to estimate the probability and the intensity of various disposals. This is inline with Becker (1968) argument that the optimal deterrence effect of a disposal arose from the probability of conviction and the intensity of punishment. The types of punishment sentenced to defendants of substance misuse cases are vary, ranging from imprisonment, fines, community service, probation and even a capital punishment. The results from logistic regression analyses showed the social costs of substance misuse was used by the Supreme Court judges to consider the value of fines sentenced to offenders. the social cost that is inflicted by the defendant was only weighed in giving fines to the defendant. On the other hand, the results from Tobit regressions showed that the Supreme Court judges did not taken into consideration the social cost of substance misuse in determining the intensity of punishment sentenced to defendants. The explicit social cost caused by the defendants of the narcotics/psychotropics case was Rp 23.7 billion (about US$ 2.37 million), however the fines charged by the Supreme Court was only Rp 5.5 billion (about US$ 550,000). Further investigation showed that the defendants who were sentenced to pay fines by the District Courts has 51.7% more probability to be sentenced with imprisonment by the Supreme Court. On the other hand, results from Tobit regressions showed that the longer the imprisonment sentenced by the District Court, the more fines were sentenced to the defendants by the Supreme Court.

Suggested Citation

  • Saputra, Sony & Pradiptyo, Rimawan, 2012. "On Assessment of the Supreme Court Decisions in Tackling Substance Misuse in Indonesia," MPRA Paper 36381, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:36381

    Download full text from publisher

    File URL:
    File Function: original version
    Download Restriction: no

    References listed on IDEAS

    1. Pradiptyo, Rimawan, 2011. "A Certain Uncertainty; Assessment of Court Decisions in Tackling Corruption in Indonesia," MPRA Paper 36382, University Library of Munich, Germany.
    2. Bowles, Roger Arthur & Florackis, Chrisostomos, 2007. "Duration of the time to reconviction: Evidence from UK prisoner discharge data," Journal of Criminal Justice, Elsevier, vol. 35(4), pages 365-378.
    Full references (including those not matched with items on IDEAS)

    More about this item


    Narcotics; Psychotropic; Social Cost of Crime; Financial Punishment; Deterrence Effect;

    JEL classification:

    • D63 - Microeconomics - - Welfare Economics - - - Equity, Justice, Inequality, and Other Normative Criteria and Measurement
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

    NEP fields

    This paper has been announced in the following NEP Reports:


    Access and download statistics


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pra:mprapa:36381. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Joachim Winter) or (Rebekah McClure). General contact details of provider: .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.