Analisis Disparitas Putusan Hakim Dalam Perkara Tindak Pidana Penggelapan Di Pengadilan Negeri Koto Baru

Abstract

Criminal justice in the criminal justice system is a very central position that culminates in a judge's decision or verdict against the perpetrators of criminal acts, which in essence when studied with theoretical and practical studies in the judiciary often creates disparities in terms of punishment. Criminal disparity is the application of unequal punishment to the same crime or to crimes whose dangerous nature can be compared without a clear justification. The disparity that occurs is seen in Decision Number: 103/Pid.B/2018/PN.Kbr with the defendant Panji Alias ​​Saiful sentenced to prison for 10 (ten) months and Decision Number: 127/Pid.B/2018/PN.Kbr with the defendant Hendritos Calls Tos was sentenced to prison for 1 (one) year with each of them being proven to have committed the crime of "Embroidery". Factors that cause disparities in sentencing made by judges include the regulations in the Criminal Code (KUHP) that we adhere to, Judicial Powers, Characteristics of cases in similar crimes or have the same level of seriousness, Philosophy of punishment adopted by judges, different perceptions of justice by each judge, judges sometimes give different judgments about justice from one case to another. Thus, the factors that include influencing the disparity are the legal factor itself and the law enforcement factor.