ANALISIS NORMATIF DISPARITAS PEMIDANAAN DALAM PERSPEKTIF HAK ASASI MANUSIA: Studi Kasus Putusan Hakim Nomor 58/Pid.B/2022/PN Mtr dan Putusan Nomor 2/Pid.B/2025/PN Mdl

Criminal disparity is a difference in the form of criminal punishment imposed for the same or similar crimes, but with different punishment weights without clear justification. This study discusses disparity in sentencing using a normative approach to two judges' decisions in theft cases, namely Decision Number 58/Pid.B/2022/PN Mtr and Decision Number 2/Pid.B/2025/PN Mdl. Both decisions prove that there is inconsistency in the application of criminal sanctions, where the defendant in the case of Article 362 of the Criminal Code (ordinary theft) was sentenced to 1 year and 4 months, while the defendant in the case of Article 363 paragraph (1) 5 of the Criminal Code (aggravated theft) was only sentenced to 1 year. This study uses the methods of the legislative approach, case approach, and comparative approach. The results of the study show that the main factors causing disparity are non-juridical considerations such as the existence of a peace letter, the defendant's attitude at trial, and the defendant's return of losses. This disparity raises issues of justice and human rights protection, because disproportionate decisions can violate the principle of equality before the law. Therefore, concrete and measurable sentencing guidelines are needed to produce fair decisions for the accused, victims, and the community