<![CDATA[The absence of explicit guidelines and limitations for evaluating punishment based on the character of the offender creates a significant gap in the justice system. Without clear provisions, judges are left to rely solely on their own interpretation and knowledge when making decisions about punishment. This lack of guidance can lead to inconsistencies and potential biases in sentencing. To ensure fairness in the judicial process, it is essential for the principle of proportionality to be fully understood and applied when judges make their rulings. Proportionality refers to the idea that the severity of punishment should be directly proportional to the seriousness of the crime committed. The research aims to address two key problem statements. Firstly, it seeks to define punishment from the perspective of the proportionality principle. Secondly, the research aims to identify the factors that judges consider when imposing punishment. To achieve these research objectives, a normative research approach will be adopted. This approach involves analyzing legal principles, rules, and regulations to address the legal issues at hand]]>
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