Ananda, Kezya Firna (2025) PERTIMBANGAN HAKIM DALAM DISPARITAS PIDANA TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.
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Abstract
This research examines the issue of sentencing disparity for perpetrators of
premeditated murder within the framework of Indonesian criminal law. The study
aims to identify the rationality behind such disparities and investigates the factors
that contribute to the differences in legal outcomes despite similar legal charges,
particularly under Article 340 of the Indonesian Criminal Code. In analyzing the
cases of Jessica Wongso, Nani Apriliani Nurjaman, and Margriet Christina
Megawe, the research reveals that these individuals, despite being charged under
the same legal article concerning premeditated murder, received different
sentences. The variations in sentencing highlight the discretionary power judges
possess in determining punishment, which may result in inconsistencies in the
application of the law.The research underscores that sentencing disparities can be
influenced by various factors, such as the severity of the crime, the personal motives
behind the act, the socio-economic background of the defendant, the psychological
state of the perpetrator, and the public impact of the crime. Judges, in their
decision-making, are often influenced by these elements, which may cause them to
interpret the law differently in similar cases. The study suggests that while judicial
discretion is a necessary component of a just legal system, it must be exercised with greater clarity and consistency to avoid public perception of unfairness. The paper concludes by recommending the establishment of clearer sentencing guidelines to limit unwarranted disparities in judicial outcomes. It also calls for greater transparency in the judicial process to foster public trust in the criminal justice system. This research contributes to the ongoing discussion of legal reforms aimed at ensuring a more equitable and predictable legal framework in Indonesia.
| Item Type: | Thesis (S1) |
|---|---|
| Uncontrolled Keywords: | Disparity in sentencing, premeditated murder, judicial discretion, Indonesian criminal law, legal consistency, public trust, sentencing guidelines |
| Subjects: | Ilmu Hukum > Peradilan dan Penyelesaian Sengketa Hukum |
| Divisions: | Fakultas Hukum > Program Studi Ilmu Hukum |
| Date Deposited: | 11 Dec 2025 04:49 |
| Last Modified: | 11 Dec 2025 04:49 |
| URI: | https://repository.uajy.ac.id/id/eprint/36291 |
