DISPARITAS PIDANA TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN MELANGGAR PASAL 339 KUHP

WULANDHARI, FEBRI AYU (2016) DISPARITAS PIDANA TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN MELANGGAR PASAL 339 KUHP. .. ISSN .

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Abstract

Sentence disparity has long been a legal issue in Indonesia. Each different sentence given by judges of similar cases has resulted in social jealousy. This issue needs to be addressed properly. Thus, this study will examine the factors which lead to sentence disparity against criminals who committed murder and violated Article 339 of the Indonesian Penal Code (KUHP). This is a normative legal study which was conducted by analyzing secondary sources or legal materials. This study employs a literature review as well as interviews to collect the necessary data. To examine the data obtained, this study relies on a qualitative method with a systematic data processing and interpreting. This study finds that the contributing factors leading to sentence disparity are the judges’ personal factor, the judges’ external factor, the charges made by prosecutors, and the nature of the law itself granting judges the freedom when imposing sentences against murderers as there is no minimum sentence in Article 339 of the Penal Code.

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