Estudiante Law Journal
VOL. 1 NO. 1 FEBRUARI 2019

Disparity Analysis of Judge’s Decisions of The Crime of Premeditated Murder

febrianti sungo (Universitas Negeri Gorontalo)



Article Info

Publish Date
17 Feb 2019

Abstract

Abstract: This study aims to find out the Disparity analysis of judges' decisions on the crime of premeditated murder in Decision Number 7/Pid.Sus-Anak/PN.Kbj and Decision Number 1/Pid.Sus-Anak/2016/PN.Gto. The method used in this research was normative legal research. The approach used a legal approach or a statute approach and a case approach. The judge in making a decision, of course, first sees whether the act committed by the child is intentional or unintentional so that it can be seen by a judge when enforcing Restitave Justice where one way to move the legal process through the courts is to become a legal settlement outside the court by involving the victim's family as the most important element in the settlement of a crime. However, if you look at the crimes against children that have been committed, diversion efforts are not enforced because the child has committed a very severe crime. The community needs to understand that inequality or disparity is not a bad thing but it is natural for clear legal reasons except arbitrarily, this is normal and is not prohibited by the legal system in Indonesia. The community needs to be informed in advance about the background of the emergence of disparities in decision-making.Keywords: Disparity Analysis, Murder;

Copyrights © 2019






Journal Info

Abbrev

eslaw

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Estudiante Law Journal is a peer reviewed journal published by the Faculty of Law, Universitas Negeri Gorontalo. This journal is published three times every February, July and November of the same year. EsLaw aims to be a scientific and research journal for all legal observers and activists with a ...