{"title":"印尼腐败案件法官差异研究","authors":"Hamidah Abdurrachman, Fajar Dian Aryani, Nayla Majestya","doi":"10.2991/assehr.k.200402.035","DOIUrl":null,"url":null,"abstract":"—Disparity in decision often occurs in corruption cases because the judges have their own independence to decide corruption cases without full consideration. For example, people with the same case and position, but they can get a different sentence. It is impossible to omit disparity but the number of disparity can be reduced to give equal justice for the perpetrators and victims of corruption. Disparity is an inequality in criminal sentencing which is the result of unfair or unexplained causes, rather than a legitimate use of discretion in the application of the law. This article aims to analyse the corruption decision trends in Indonesia and disparity factors. This study used normative legal research as the research method. The writers gain data from the literature review. To ensure the data, the writers used triangulation. The findings of this study are that the judges’ decision on corruption cases vary in each level and the factors of judges’ disparity are influenced by inter-jurisdictional disparity, intra-jurisdictional disparity, or intra-judge disparity.","PeriodicalId":305822,"journal":{"name":"Proceedings of the International Conference on Agriculture, Social Sciences, Education, Technology and Health (ICASSETH 2019)","volume":"23 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Study of Judges’ Disparity in Corruption Cases in Indonesia\",\"authors\":\"Hamidah Abdurrachman, Fajar Dian Aryani, Nayla Majestya\",\"doi\":\"10.2991/assehr.k.200402.035\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"—Disparity in decision often occurs in corruption cases because the judges have their own independence to decide corruption cases without full consideration. For example, people with the same case and position, but they can get a different sentence. It is impossible to omit disparity but the number of disparity can be reduced to give equal justice for the perpetrators and victims of corruption. Disparity is an inequality in criminal sentencing which is the result of unfair or unexplained causes, rather than a legitimate use of discretion in the application of the law. This article aims to analyse the corruption decision trends in Indonesia and disparity factors. This study used normative legal research as the research method. The writers gain data from the literature review. To ensure the data, the writers used triangulation. The findings of this study are that the judges’ decision on corruption cases vary in each level and the factors of judges’ disparity are influenced by inter-jurisdictional disparity, intra-jurisdictional disparity, or intra-judge disparity.\",\"PeriodicalId\":305822,\"journal\":{\"name\":\"Proceedings of the International Conference on Agriculture, Social Sciences, Education, Technology and Health (ICASSETH 2019)\",\"volume\":\"23 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Proceedings of the International Conference on Agriculture, Social Sciences, Education, Technology and Health (ICASSETH 2019)\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2991/assehr.k.200402.035\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Proceedings of the International Conference on Agriculture, Social Sciences, Education, Technology and Health (ICASSETH 2019)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2991/assehr.k.200402.035","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Study of Judges’ Disparity in Corruption Cases in Indonesia
—Disparity in decision often occurs in corruption cases because the judges have their own independence to decide corruption cases without full consideration. For example, people with the same case and position, but they can get a different sentence. It is impossible to omit disparity but the number of disparity can be reduced to give equal justice for the perpetrators and victims of corruption. Disparity is an inequality in criminal sentencing which is the result of unfair or unexplained causes, rather than a legitimate use of discretion in the application of the law. This article aims to analyse the corruption decision trends in Indonesia and disparity factors. This study used normative legal research as the research method. The writers gain data from the literature review. To ensure the data, the writers used triangulation. The findings of this study are that the judges’ decision on corruption cases vary in each level and the factors of judges’ disparity are influenced by inter-jurisdictional disparity, intra-jurisdictional disparity, or intra-judge disparity.