LEGAL STUDY OF DISPARITY OF JUDGES' DECISIONS IN CRIMINAL ACTIONS OF SEXUAL ABUSE AGAINST CHILDREN

Abstract

ABSTRACT: The disparity between the two court rulings in the same case has led to injustice in the judges' decisions. The main issues in this research are: (1) What are the judges' considerations in court decision Number 154/Pid.Sus/2023/PN.Kpg and decision Number 7/Pid.Sus/2024/PN.Kpg? (2) Why does disparity occur in the court rulings, Number 154/Pid.Sus/2023/PN.Kpg and Number 7/Pid.Sus/2024/PN.Kpg? The objectives of this research are: (1) To identify and analyze the judges' considerations in Court Decision Number 154/Pid.Sus/2023/PN.Kpg and Decision Number 7/Pid.Sus/2024/PN.Kpg, and (2) To identify the forms of disparity in Court Decision Number 154/Pid.Sus/2023/PN.Kpg and Decision Number 7/Pid.Sus/2024/PN.Kpg.This research is a normative legal study. According to Peter Mahmud Marzuki, normative legal research is a scientific research procedure aimed at discovering the truth based on legal logic from a normative perspective. Based on the research findings and analysis conducted, the results show that: (1) There is a disparity between the two rulings, where the perpetrators committed the same criminal act, but the prison sentences handed down were different, and (2) Perpetrators who had family ties with the victim received a lighter prison sentence compared to those who had no family relationship.