Andhi Wibowo
Universitas Ekasakti

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DISPARITAS PUTUSAN HAKIM DALAM MENJATUHKAN PIDANA PADA TINDAK PIDANA NARKOTIKA Encep Henry; Andhi Wibowo
UNES Journal of Swara Justisia Vol 2 No 1 (2018): UNES Journal of Swara Justisia (April 2018)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

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Abstract

Disparity of punishment is often associated with the independence of judges because the punishment model set forth in the Criminal Code only formulates maximum penal sanctions only, in addition because u ndangjudicial power also regulates that The judge must also consider the good and evil nature of the defendant. The disparity of the decision of the judge also occurred in the District Court of Class IA Padang whichexamined and decided on the case of narcotics crime with the same panel of judges and the indictment of the same article but the decision given to the defendant was different. With the occurrence of criminal disparity without any explanation to the general public then the impact of the emergence of a sense of injustice in the convicted parties themselves and the people who do not know the background of the criminal provision.
DISPARITAS PUTUSAN HAKIM DALAM MENJATUHKAN PIDANA PADA TINDAK PIDANA NARKOTIKA Encep Henry; Andhi Wibowo
UNES Journal of Swara Justisia Vol 2 No 1 (2018): Unes Journal of Swara Justisia (April 2018)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Disparity of punishment is often associated with the independence of judges because the punishment model set forth in the Criminal Code only formulates maximum penal sanctions only, in addition because u ndangjudicial power also regulates that The judge must also consider the good and evil nature of the defendant. The disparity of the decision of the judge also occurred in the District Court of Class IA Padang whichexamined and decided on the case of narcotics crime with the same panel of judges and the indictment of the same article but the decision given to the defendant was different. With the occurrence of criminal disparity without any explanation to the general public then the impact of the emergence of a sense of injustice in the convicted parties themselves and the people who do not know the background of the criminal provision.