Disparity in Criminal Sanctions in Criminalizing Corruption Cases

DOI

10.2991/assehr.k.220204.050How to use a DOI?

Keywords

disparity; crime; punishment; corruption

Abstract

Criminal disparities in court judges decisions are in principle a natural thing, with the independence of the court as stipulated in Law Number 48 of 2009 concerning Judicial Power. However, if the criminal disparity is too glaring, then the decision is seen as unfair to the convict. This normative juridical research discusses what are the factors that can lead to a conspicuous criminal disparity in corruption cases handed down by court judges. Offering alternative solutions in the future so that the glaring criminal disparity can be minimized. It was concluded that the factors that led to the glaring criminal disparity in court decisions for corruption cases, caused by differences in the thoughts and schools of court judges regarding the purpose of sentencing, there is too broad freedom of court judges, discretionary factors, and legal interpretation authority. So that the court judges in imposing the amount of crime on the defendant are too free and broad in determining the amount of crime that will be served by the defendant of corruption. It is hoped that there will be no glaring disparities in the imposition of criminal cases of corruption, countries need to consider making a table of criminal guidelines. The range of the number of crimes that may be imposed on defendants for similar corruption cases and the level of seriousness must be regulated should be regulated. So that the existence of these sentencing guidelines can control the freedom of judges which is too broad, so that glaring criminal disparities can at least be minimized to fulfill a sense of justice for convicts of corruption.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Junjungan Moses Siallagan
AU  - Ediwarman
AU  - Madiasa Ablisar
AU  - Muhammad Ekaputra
PY  - 2022
DA  - 2022/02/15
TI  - Disparity in Criminal Sanctions in Criminalizing Corruption Cases
BT  - Proceedings of the Second International Conference on Public Policy, Social Computing and Development (ICOPOSDEV 2021)
PB  - Atlantis Press
SP  - 333
EP  - 338
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220204.050
DO  - 10.2991/assehr.k.220204.050
ID  - Siallagan2022
ER  -