%A NIM.: 19103040051 Syahrianti Nur Sakinah R.
%O Pembimbing: Prof. Dr. Drs. H. Makhrus, S.H., M.Hum.
%T DISPARITAS PUTUSAN HAKIM TERHADAP TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA YANG MENGAKIBATKAN KEMATIAN (STUDI KOMPARATIF PUTUSAN NOMOR 548/PID.SUS/2021/PN.MTR DENGAN PUTUSAN NOMOR 82/PID.B/2020/PN.BIT)
%X Domestic violence is one type of violent crime that often occurs in society.
Forms of domestic violence can include physical, psychological, sexual violence
and neglect in the household. The consequences also vary, ranging from physical
injuries, mental stress, and can even result in death. People who commit physical
violence in the household which results in the death of the victim shall be punished
with imprisonment for a maximum of 15 (fifteen) years or a fine of a maximum of
Rp. 45,000,000 (forty-five million rupiah). However, in several cases it was found
that there were differences in the penalties imposed on perpetrators of crimes of
domestic violence which resulted in death or what was referred to as criminal
disparities. The disparity in criminal sentences can be seen in Decision Number
548/Pid.Sus/2021/Pn.Mtr and Decision Number 82/Pid.B/2020/Pn.Bit. In Decision
no. 548/Pid.Sus/2021/PN.Mtr the defendant was sentenced to 13 years in prison,
whereas in Decision No. 82/Pid.B/2020/PN.Bit the defendant was sentenced to 8
years in prison. Because there are differences in criminal sentences for the same
crime in the two decisions, it is necessary to know what the judge considered and
why there was a criminal disparity between the decisions.
This type of research is library research, with a normative juridical approach
method by referring to legal norms in statutory regulations and court decisions,
legal principles and norms that exist in society. This research is descriptive
analytical in nature, namely by describing Decision Number
548/Pid.Sus/2021/Pn.Mtr and Decision Number 82/Pid.B/2020/Pn.Bit where both
decisions are decisions on the same case but with different crimes. Sentenced
differently so that there is a disparity in punishment, then analyzing what the judge
considers and the factors that cause this disparity by using the theory of punishment
and the theory of sentencing.
The results of this research are that there is a disparity in criminal sentences
between Decision Number 548/Pid.Sus/2021/Pn.Mtr and Decision Number
82/Pid.B/2020/Pn.Bit caused by differences in the judge's considerations,
especially considerations that are non-juridical. This can be seen in the two
decisions which are listed in terms of mitigating and aggravating factors. Thus,
there are differences in the number of sentences imposed even though the crime
committed is the same, namely domestic violence which results in death.
%K Disparitas, Kekerasan Dalam Rumah Tangga, Tindak Pidana.
%D 2024
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib65698