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| Jenis | : |
KKM
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| Judul | : |
DISPARITAS PIDANA DALAM TINDAK PIDANA PENGANIAYAAN YANG MENYEBABKAN KEMATIAN YANG DILAKUKAN OLEH ANAK (Sudi Putusan: 26/Pid.Sus-Anak/2023/PN Jkt Brt dan 11/Pid.Sus-Anak/2023/PN Cbi)
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| Subjek | : |
Child abuse; Criminal crime
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| Pengarang | : |
Elsa Pradita Cahyaningtyas
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| Pembimbing | : |
Setya Wahyudi,
Rani Hendriana
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
345.025 554 CAH d
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Disparity is the difference or distance in the judge's decision regarding the same
case, in other words, the disparity in the judge's decision regarding the perpetrator
of the criminal act of abuse which caused the death of the child can cause injustice
to the perpetrator of the criminal act of abuse. The aim of this research is to analyze
the causes of criminal disparities in the West Jakarta District Court Decision
Number 11/Pid.Sus-Anak/2023/PN Jkt Brt and the Cibinong District Court
Decision Number 11/Pid.Sus-Anak/2023/PN Cbi. This research uses the Normative
Juridical Method with statutory, conceptual and case approaches. The results
obtained from this research are that there are several factors that cause disparities
in judges' decisions regarding perpetrators of criminal acts of abuse committed by
children and can minimize the occurrence of criminal disparities, especially
towards children, considering that the aim of punishing children is the best interests
of the child. And an ideal mechanism is needed to regulate punishment in law
enforcement. The conclusion in this research is that there are factors that cause
disparities in criminal penalties, internal factors that originate from the judge
himself, namely that the judge ignores philosophical and sociological foundations
in deciding cases in Cibinong District Court Decision Number 11/Pid.Sus-
Anak/2023/PN Cbi so that the decision is the sentence was too light, whereas in the
West Jakarta District Court Decision Number 11/Pid.Sus-Anak/2023/PN Jkt Brt it
was appropriate but the judge did not consider the litmas report so that it had the
implication of being null and void, external factors namely the defendant.
Keywoard: Criminal disparities; children; abuse that causes death
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