Criminal Disparity in Judges' Decisions on The Crime of Sexual Intercourse Against Minors
The purpose of this research is to compare judges' decisions that give different sentences for the same criminal offense. Judges' decisions often provide different sentences for the same criminal offense because the positive criminal system in Indonesia uses an alternative system. This res...
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| Format: | Article |
| Language: | English |
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Magister Hukum Universitas Semarang
2025-01-01
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| Series: | Jurnal USM Law Review |
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| Online Access: | https://journals.usm.ac.id/index.php/julr/article/view/11281 |
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| author | Yuniar Yudha Himawan Moh Muhibbin Budi Parmono |
| author_facet | Yuniar Yudha Himawan Moh Muhibbin Budi Parmono |
| author_sort | Yuniar Yudha Himawan |
| collection | DOAJ |
| description | The purpose of this research is to compare judges' decisions that give different sentences for the same criminal offense. Judges' decisions often provide different sentences for the same criminal offense because the positive criminal system in Indonesia uses an alternative system. This research raises the issue of why there is criminal disparity in the Supreme Court's decision related to the crime of sexual intercourse with a minor and how to reduce criminal disparity related to this crime. The urgency of this research is to find out and explain the imposition of criminal law, compare judges' decisions on the imposition of criminal law, and the impact of criminal disparity in cases of child sexual intercourse which has a serious impact on public confidence in the criminal justice system and the protection of children as a vulnerable group. This research is a normative juridical research using primary and secondary materials. The result of the research shows that: 1) There is a criminal disparity between Supreme Court Decision No. 2184K/Pid.Sus/2022 where the defendant was sentenced to 5 years imprisonment and a fine of Rp. 30,000,000.00 with Supreme Court Decision No. 2199K/Pid.Sus/2022 where the defendant was sentenced to 2 years imprisonment and a fine of Rp. 20,000,000.00. 2) The cause of criminal disparity is a legal factor that does not contain guidelines for the imposition of punishment for the defendant. |
| format | Article |
| id | doaj-art-b8112ea4051744f1bc6a70cd075ee1c4 |
| institution | OA Journals |
| issn | 2621-4105 |
| language | English |
| publishDate | 2025-01-01 |
| publisher | Magister Hukum Universitas Semarang |
| record_format | Article |
| series | Jurnal USM Law Review |
| spelling | doaj-art-b8112ea4051744f1bc6a70cd075ee1c42025-08-20T01:56:05ZengMagister Hukum Universitas SemarangJurnal USM Law Review2621-41052025-01-018110.26623/julr.v8i1.11281Criminal Disparity in Judges' Decisions on The Crime of Sexual Intercourse Against MinorsYuniar Yudha Himawan0Moh MuhibbinBudi ParmonoMagister Ilmu Hukum, Pascasarjana, Universitas Islam MalangThe purpose of this research is to compare judges' decisions that give different sentences for the same criminal offense. Judges' decisions often provide different sentences for the same criminal offense because the positive criminal system in Indonesia uses an alternative system. This research raises the issue of why there is criminal disparity in the Supreme Court's decision related to the crime of sexual intercourse with a minor and how to reduce criminal disparity related to this crime. The urgency of this research is to find out and explain the imposition of criminal law, compare judges' decisions on the imposition of criminal law, and the impact of criminal disparity in cases of child sexual intercourse which has a serious impact on public confidence in the criminal justice system and the protection of children as a vulnerable group. This research is a normative juridical research using primary and secondary materials. The result of the research shows that: 1) There is a criminal disparity between Supreme Court Decision No. 2184K/Pid.Sus/2022 where the defendant was sentenced to 5 years imprisonment and a fine of Rp. 30,000,000.00 with Supreme Court Decision No. 2199K/Pid.Sus/2022 where the defendant was sentenced to 2 years imprisonment and a fine of Rp. 20,000,000.00. 2) The cause of criminal disparity is a legal factor that does not contain guidelines for the imposition of punishment for the defendant.https://journals.usm.ac.id/index.php/julr/article/view/11281Crimes of Sexual IntercourseDisparity in Criminal Decisions by JudgesMinors |
| spellingShingle | Yuniar Yudha Himawan Moh Muhibbin Budi Parmono Criminal Disparity in Judges' Decisions on The Crime of Sexual Intercourse Against Minors Jurnal USM Law Review Crimes of Sexual Intercourse Disparity in Criminal Decisions by Judges Minors |
| title | Criminal Disparity in Judges' Decisions on The Crime of Sexual Intercourse Against Minors |
| title_full | Criminal Disparity in Judges' Decisions on The Crime of Sexual Intercourse Against Minors |
| title_fullStr | Criminal Disparity in Judges' Decisions on The Crime of Sexual Intercourse Against Minors |
| title_full_unstemmed | Criminal Disparity in Judges' Decisions on The Crime of Sexual Intercourse Against Minors |
| title_short | Criminal Disparity in Judges' Decisions on The Crime of Sexual Intercourse Against Minors |
| title_sort | criminal disparity in judges decisions on the crime of sexual intercourse against minors |
| topic | Crimes of Sexual Intercourse Disparity in Criminal Decisions by Judges Minors |
| url | https://journals.usm.ac.id/index.php/julr/article/view/11281 |
| work_keys_str_mv | AT yuniaryudhahimawan criminaldisparityinjudgesdecisionsonthecrimeofsexualintercourseagainstminors AT mohmuhibbin criminaldisparityinjudgesdecisionsonthecrimeofsexualintercourseagainstminors AT budiparmono criminaldisparityinjudgesdecisionsonthecrimeofsexualintercourseagainstminors |