FAKTOR PENYEBAB DISPARITAS PIDANA DALAM PERKARA PENCURIAN DI PENGADILAN NEGERI WONOSARI

Saluna Krishartadi, Albertus (2016) FAKTOR PENYEBAB DISPARITAS PIDANA DALAM PERKARA PENCURIAN DI PENGADILAN NEGERI WONOSARI. . pp. 1-11.

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Abstract

Dispariy of sentencing has been experienced by almost all of countries in the same case, for exempale case of theft. The elememnts of theftand penal sanctions stipulated in law are considered by the judges in giving sentence. This case study of research was conducted at the District Court of Wonosari. This research aims at finding and analyzing data on factor causing disparity of sentencing in theft cases at The District Court of Wonosari. This is a normative research and data were analyzed qualitatively.the data were conducted by interviewing the judges and analyzing by some theft sentences. The research result indicated that factors influencing disparity of sentencing in theft cases are legal regulation, the direction of the judge, and internal or external factors of the judge. After analyzing the data, it can be conducted thet disparity of snetencing is not necessarily wiped out, because disparityof sentencing indicated the independence of the judge by considering some factors. The existences of the minimum and maximum of the penal sanctions for the occured can help the judge to determine the sentence for the occured. The goal of law is to give certainty, justice, and utility for the society. The disparity of sentencing reflects the goal of the law, that is justice for offender, justice for victims, adn justice for the society.

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