DISPARITASPIDANATERHADAPPELAKUTINDAKPIDANAPEMBUNUHANDIWILAYAHHUKUMPENGADILANNEGERISLEMAN

SIMANJUNTAK, MARWANP (2010) DISPARITASPIDANATERHADAPPELAKUTINDAKPIDANAPEMBUNUHANDIWILAYAHHUKUMPENGADILANNEGERISLEMAN. S1 thesis, UAJY.

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Abstract

Criminal disparities are differences in the criminal prosecution of the same criminal case or similar. The reason is not because of the positive criminal law in Indonesia, the judge has a very broad freedom to choose the type of criminal who would want and the best for him, in connection with the use of alternative systems in the criminal prosecution as set in the law, besides the judge also have the freedom to choose a weight penalty would be dropped, because that is determined by the statutory maximum and minimum only. Actually criminal disparity can be justified as a reflection of modern flow characteristics shared by the positive criminal law in Indonesia. Indeed the difference in the criminal prosecution of the same criminal case or similar is not a problem if the decision was based on reasonable considerations, but if the decision was based on considerations that are not unreasonable, it will cause public distrust of the values of justice and truth upheld by the courts..Freedom to the judges to convict (“judicial discretion In sentencing”) is based on modern thinking in science influenced Criminology Psychology Science and other Social science, which emphasizes that the judge should convict used the principle of “individualization”, according to the criminal act and the perpetrator. This means that judges must distinguish defendant from the other one, and then determine the most appropriate penalty in accordance with data such defendant. The criminal act is a crime murders general the most severe threat to the criminal than the other common criminal. Because crime is a crime murders general the most severe threat to the criminal, the judge must be careful and observant in checking criminal murders so with considerations of reasonable judge could decide the case fairly and wisely.

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