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.