FAKTOR TERJADINYA DISPARITAS TERHADAP PENJATUHAN SANKSI PIDANA

Abstract

This research aims to find out the things that influence the imposition of criminal sanctions on the factors of disparity in the imposition of criminal sanctions, to find out the decision-making process of a case by a judge, and to find out the level of justice for victims when imposing sanctions for perpetrators that are not in accordance with written law. This research is a field research and library research, with data collection techniques namely observation, interviews, and documentation review. The results of this study are, in the imposition of criminal sanctions there are sometimes disparities, it is due to the freedom for a judge in imposing criminal sanctions for a criminal, with certain considerations, including considering the factors that exist within the perpetrator as well as public opinions and the actual facts of a case.