Claim Missing Document
Check
Articles

Found 32 Documents
Search

Perbandingan Perlakuan Hukum terhadap Terdakwa Tindak Pidana Perdagangan Orang oleh Kejaksaan Negeri Sikka: Studi Kasus Yuvinus Solo dan Karolus Kartinus Kotin di Kabupaten Sikka Anselina Florence Felicia Dado; Rudepel Petrus Leo; Deddy R. CH. Manafe
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 3 (2026): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i3.8170

Abstract

This study aims to analyze the factors causing the differences in legal treatment and their implications on the principles of equality before the law, legal certainty, and the principle of legality. The method used is empirical legal research with a juridical-sociological approach. This study involves case studies, interviews with law enforcement officers and victim advocates, as well as an analysis of regulations and court decisions. The results indicate that the differences in legal treatment are caused by the application of subjective detention requirements in the Criminal Procedure Code (KUHAP), law enforcement discretion, differing legal interpretations between prosecutors and judges, the quality of legal assistance for defendants, and social pressures and societal dynamics. The impact of these differences is the failure to achieve substantive justice, weakening legal certainty, and declining public trust in the criminal justice system. This research has significant academic urgency as it contributes to the development of the enforcement of laws regarding Human Trafficking (TPPO), emphasizing the need for consistency, transparency, and the protection of victims' rights in the application of criminal law.
Analisis Perbedaan Hukuman terhadap Tindak Pidana Korupsi dan Tindak Pidana Pencurian Ditinjau dari Perspektif Kriminologi di Pengadilan Negeri Kota Kupang Aurelia Revalina Anaede; Rudepel Petrus Leo; Ngongo Dede
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 4 (2026): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i4.8683

Abstract

This study aims to analyze the differences in the application of criminal law to corruption and theft cases at the Kupang District Court from a criminological perspective, and to identify factors influencing sentencing disparities. The research employs a combination of normative and empirical legal methods with a qualitative approach. Data were collected through literature review, analysis of court decisions, and interviews with judges as key informants. The findings reveal significant differences in the application of criminal law between corruption and theft cases, particularly in terms of legal basis, prosecution process, and judicial considerations in sentencing. Corruption is categorized as an extraordinary crime due to its broad impact on state finances and public trust, resulting in more complex handling and additional sanctions. In contrast, theft is generally influenced by socio-economic factors and is handled through conventional legal approaches. Sentencing disparities are influenced by juridical, sociological, and criminological factors, including offender characteristics, the impact of the crime, and judicial considerations of justice. The study concludes that although the principle of equality before the law is upheld, sentencing practices still demonstrate disparities that require evaluation to achieve substantive justice.