ANALISIS DISPARITAS PUTUSAN HAKIM DALAM TINDAK PIDANA PENGANIAYAAN MENGKIBATKAN LUKA BERAT DITINJAU DARI KITAB UNDANG –UNDANG HUKUM PIDANA DENGAN STUDI PUTUSAN 68/Pid.B/2021/PN Sit DI PENGADILAN NEGERI SITUBONDO

Abuse is a serious social problem that affects individuals and society. This study aims to analyze cases of violence that occur in a location. The formulation of norms related to criminal threats is basically maximum. This creates a space for disparity in judges' decisions. This disparity can create a sense of injustice (substantive justice) for convicts. This study uses a normative method, which is a legal study that focuses on literature, which is carried out by reviewing literature sources or secondary data alone. The judge is the position responsible for accepting the process and decision of the case so that it does not cause other problems later. In the process of making his decision, the judge must first investigate the truth of the facts presented to him before making an assessment and linking it to existing regulations. The study shows the need for increased supervision of judges' decisions and transparency in the legal process to create a fairer justice system. Gustav Radbruch, said that there are three objectives of law, namely benefit, certainty, and justice. In implementing these three legal objectives, the principle of priority must be used. The principle of legal certainty aims to protect justice seekers from arbitrary action, meaning that individuals can and will get what they seek in certain situations. The usefulness of the law serves as a principle that accompanies the principles of justice and legal certainty. Thus, certainty and usefulness should not be seen as parallel to justice as the goal of law, but rather as a tool to achieve justice.