Indonesian Court and Justice Review
Vol. 2 No. 4 (2025): November, 2025

Selective Equality Before the Law? Sentencing Disparities and Court Justice in Indonesian Corruption Cases

Ridwan Arifin (Universitat de Barcelona)
Ikram Nur Fuady (University of Liverpool)
Fadhel Arjuna Adinda (Universitas Islam Riau)
Shofriya Qonitatin Abidah (Universitas Negeri Semarang)



Article Info

Publish Date
01 Oct 2025

Abstract

Equality before the law constitutes a core principle of court justice, yet sentencing disparities continue to provoke public debate in Indonesia’s corruption cases. This paper examines how sentencing practices reflect and challenge the normative commitment to equality in criminal adjudication. Through doctrinal analysis of criminal law principles and comparative reading of selected corruption verdicts, the study explores variations in sentencing severity across cases with comparable legal and factual circumstances. The analysis suggests that judicial discretion, while legally permitted, often lacks sufficiently articulated justification, creating perceptions of unequal treatment. By focusing on sentencing as a site of justice evaluation, the paper highlights how court justice is shaped by consistency, proportionality, and transparency. It raises normative questions about the limits of judicial discretion and the role of sentencing guidelines in reinforcing public confidence in the criminal justice system.

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Journal Info

Abbrev

court

Publisher

Subject

Description

Indonesian Court and Justice Review (e-ISSN: 3164-502X) is published by COLLEGIUM JUSTICIA INDONESIA, first published in 2024, and issued quarterly in February, May, August, and November in online format (electronic format). It is a peer-reviewed academic journal dedicated to advancing rigorous ...