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All Journal The Digest: Journal of Jurisprudence and legisprudence Jurnal Pendidikan dan Sosial Humaniora
Justika Hairani
Unknown Affiliation
Humanities Education Law, Crime, Criminology & Criminal Justice

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Case Study of Judicial Disparity in Corruption Verdicts Involving State Financial Losses Justika Hairani; Anis Widyawati
The Digest: Journal of Jurisprudence and Legisprudence Vol. 6 No. 1 (2025): The Digest, June 2025 (Article in Press)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v6i1.28432

Abstract

Judicial independence ensures that judges remain free from external influence and possess full discretion in determining the severity or leniency of a sentence. However, this independence can also result in sentencing disparity, particularly in corruption cases that involve state financial losses. Sentencing disparity refers to the inconsistent imposition of punishment for similar offenses under comparable circumstances, which undermines legal certainty and justice. In Indonesia, such disparity is often justified under the pretext of judicial independence, even though it contradicts the principle of equality before the law. The inconsistency in sentencing, especially for corruption cases under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, raises concern over the absence of clear sentencing guidelines. This research aims to examine the relationship between judicial independence and sentencing disparity in corruption cases, particularly focusing on the need for standardized sentencing mechanisms. Using normative legal research methods, this study analyzes primary, secondary, and tertiary legal materials through a literature review, supported by case decisions sourced from the Supreme Court’s database. The findings indicate that although judges are mandated to uphold justice, legal certainty, and utility, the lack of clear sentencing standards contributes to disparities in rulings. Therefore, the implementation of sentencing guidelines and reliance on jurisprudence are necessary to balance judicial independence with fairness and consistency in criminal sentencing, especially for corruption crimes.
Alasan Pembenar Korban yang Melakukan Tindak Pidana Perspektif Teori Pertanggungjawaban Pidana Justika Hairani; Ali Masyhar; Cahya Wulandari
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 5 No. 3 (2025): September : Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v5i3.6560

Abstract

This article explores the concept of justifying grounds (alasan pembenar) in the context of victims who commit criminal acts, analyzed through the lens of criminal liability theory. Under Indonesian criminal law, criminal liability requires the existence of an unlawful act; however, certain conditions may negate the unlawful nature of such acts, one of which includes justifying grounds. The focus of this article is to examine situations in which victims engage in criminal behavior as a response to threats or assaults they have experienced, such as in cases of self defense or coercion. The research employs a normative legal approach by analyzing statutory regulations and legal doctrines. The findings indicate that the application of justifying grounds can exempt victims from criminal liability if their actions meet specific criteria outlined in the Indonesian Penal Code (KUHP), particularly Articles 48 and 49. The article underscores the importance of a contextual approach in the application of criminal law and highlights the need for caution among law enforcement authorities when evaluating cases in which victims become perpetrators, in order to uphold justice and ensure balanced legal protection.
Co-Authors Ali Masyhar Anis Widyawati Cahya Wulandari