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DISPARITAS PUTUSAN HAKIM DALAM PERKARA TINDAK PIDANA PERJUDIAN ONLINE (STUDI PUTUSAN NOMOR 879/PID.B/2023/PN.SBY DAN PUTUSAN NOMOR 174/PID.B/2023/PN.IDM)
Disparity in judicial decisions refers to the differences in verdicts rendered in cases with similar characteristics, whether in terms of the severity of punishment, the application of legal provisions, or other considerations. In the context of online gambling crimes, these differences often attract public attention as they are perceived to create injustice. Some rulings impose heavy penalties on certain offenders, while others hand down lighter sentences despite the cases having similar characteristics. This research aims to analyze the disparity in judicial decisions between Verdict No. 879/Pid.B/2023/PN.Sby and Verdict No. 174/Pid.B/2023/PN.Idm, as well as to evaluate whether the judges' considerations in these verdicts align with the principles of legal certainty, justice, and utility. The study employs a literature review method with a normative juridical approach. The data consist of primary legal materials, such as Verdict No. 879/Pid.B/2023/PN.Sby and Verdict No. 174/Pid.B/2023/PN.Idm, as well as secondary legal materials, including related statutes. The research is grounded in the theories of legal certainty and utility. The findings reveal that the disparity between Verdict No. 879/Pid.B/2023/PN.Sby and Verdict No. 174/Pid.B/2023/PN.Idm lies in the criminal penalties imposed. In Verdict No. 879/Pid.B/2023/PN.Sby, the defendant SBU received a sentence of 1 year and 3 months, whereas in Verdict No. 174/Pid.B/2023/PN.Idm, the defendant NABR was sentenced to only 8 months. This difference was influenced by the charges brought by the prosecutor and the provisions of the law applied. From the perspective of legal certainty, both verdicts comply with Article 303 of the Indonesian Criminal Code (KUHP), as the judges' decisions did not exceed the maximum penalties prescribed by law. However, the aspects of justice and legal utility were less fulfilled. This is due to the lighter sentence in Verdict No. 174/Pid.B/2023/PN.Idm, despite the defendant's actions in this case having more severe moral impacts and involving a larger segment of the public. Conversely, Verdict No. 879/Pid.B/2023/PN.Sby imposed a heavier punishment, even though its impact was relatively smaller. This imbalance creates a perception of injustice and could affect public views on the legal sanctions for online gambling offenders
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 20103040076 Andi Sutra Dewi Haeruddin
DISPARITAS PUTUSAN HAKIM DALAM PERKARA TINDAK PIDANA PERJUDIAN ONLINE (STUDI PUTUSAN NOMOR 879/PID.B/2023/PN.SBY DAN PUTUSAN NOMOR 174/PID.B/2023/PN.IDM) (Text)
DISPARITAS PUTUSAN HAKIM DALAM PERKARA TINDAK PIDANA PERJUDIAN ONLINE (STUDI PUTUSAN NOMOR 879/PID.B/2023/PN.SBY DAN PUTUSAN NOMOR 174/PID.B/2023/PN.IDM) (Other)
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