DISPARITAS PIDANA DALAM PERKARA TINDAK PIDANA PEMBUNUHAN (Studi Kasus: Perkara No. 94/PID.B/2011/PN.PDG dengan Perkara No. 15/PID.B/2012/PN.PDG)

Abstract

Murder is one crime that often occurs in the State of Indonesia, and even can cause serious concerns for the community. In society often comes a sense of the criminal injustice imposed by the judge. In sentencing, the judge guided by considerations such as error-makers, excuse makers and socio-economic circumstances maker. Thus the independence of judges in deciding cases is clearly a significant opportunity to cause disparities. Issues raised in this paper: 1) What are the considerations for the judge in imposing criminal penalties against murder? 2) What are the factors causing the disparity in the criminal offense of murder? The method used is normative. The data used in primary and secondary legal materials. Data collected interviews and document study analyzed qualitatively. It can be concluded that: 1) consideration for the sentencing judge to criminal homicide. a) How do the murder crime, b) Reasons for homicide offenses; c) The attitude of the perpetrator after the crime homicide; d) The impact caused by the murder crime. 2) Factors criminal disparity is the independence of judges, the level of events, the defendant's behavior in the judicial process, judges interpretation of the criminal law.

Keywords: Disparity, Acts, Criminal, Murder.