Verstek
Vol 11, No 4 (2023)

ANALISIS DISPARITAS DALAM PENJATUHAN PUTUSAN BAGI PELAKU TINDAK PIDANA “MAIN HAKIM SENDIRI” (EIGENRICHTING).

Adhinda Ratih Nuriana (Fakultas Hukum Universitas Sebelas Maret)
Muhammad Rustamaji (Universitas Sebelas Maret)



Article Info

Publish Date
19 Oct 2023

Abstract

This study aims to explain the legal considerations of judges in imposing criminal penalties on perpetrators of "eigenrichting" and to analyze the disparities contained in Decision Number 235/Pid.B/2017/PN.Brb and Decision Number 84/Pid.B/2017/PN .snt. This research is a normative legal research with a prescriptive nature of research and uses a case approach. This research shows that the basis of the judge's legal considerations in the two decisions both considered the elements in Article 170 paragraph (2) 3 of the Criminal Code, all of the defendants have been proven to fulfill the elements of the article. However, in legal considerations, the judge considers juridical aspects such as the indictment, elements of the articles charged, charges and pledoi, as well as non-juridical aspects such as the facts found in the trial. Apart from that, based on the judge's legal argument, what gave rise to the disparity in the two decisions was found in the judge's considerations, namely: 1. The aggravating and mitigating circumstances of the defendant; 2. The background of the defendant's actions; 3. As a result of the defendant's actions; and 4. Purpose of sentencing. Apart from that, other factors that cause disparity are the forgiveness of Decision Number 84/Pid.B/2017/PN.Snt and the provision of condolence money to the victim's family.Keywords : Disparity, Legal Considerations

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Journal Info

Abbrev

verstek

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Verstek is a peer-reviewed journal published by Procedural Law Department, Faculty of Law, Universitas Sebelas Maret three times a year in April, August, and December. This Journal aims primarily to facilitate undergraduate students paper over current developments on procedural law issues in ...