ANALISIS PERBANDINGAN PUTUSAN PENGADILAN TINGGI YOGYAKARTA ANTARA PERKARA NOMOR 76/PID/2023/PT.YYK. DIHUBUNGKAN DENGAN PERKARA NOMOR 80/PID/2023/PT.YYK.

Putra, Oki Reza (2024) ANALISIS PERBANDINGAN PUTUSAN PENGADILAN TINGGI YOGYAKARTA ANTARA PERKARA NOMOR 76/PID/2023/PT.YYK. DIHUBUNGKAN DENGAN PERKARA NOMOR 80/PID/2023/PT.YYK. Undergraduate thesis, Universitas Muhammadiyah Malang.

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Abstract

In the judicial system in Indonesia, the court has the task and authority to decide, examine and try a case by applying the law, this is in accordance with the mandate of the Judicial Power Law Number 49 of 2009 concerning Judicial Power which is in Article 2 paragraph (1). For judges to make decisions that fulfill the sense of justice of the parties involved in the case is not easy, both in deciding civil cases and criminal cases. In this case, the author analyzes the sentences imposed on the two perpetrators, where in the author's eyes the perpetrator of premeditated murder was given a lighter sentence than the accessory perpetrator even though the role of each perpetrator was different, as stated in the ruling in Case Number 76/Pid/2023/PT.Yyk and Case Number 80 /Pid/2023/PT.Yyk.
The research method used in this research is the Juridical-Empirical Legal Research Method. The type of research carried out by the author is included in the type of juridical-empirical legal research (socio-legal research). Juridical legal research is carried out by examining library materials which are secondary data and this research is also called library legal research. 1 Meanwhile, empirical legal research is research that uses data sources obtained directly from community activities through field research. Meanwhile, the approach method used is the Socio Legal Approach Method.
The research results show that the comparative analysis of the Yogyakarta high court decision between Case Number 76/Pid/2023/PT.Yyk. connected with Case Number 80/Pid/2023/PT.Yyk. shows the potential for injustice in the imposition of sentences, especially regarding the difference in sentences received by accessory defendants and the main perpetrators in criminal acts. Even though the co-defendant has apologized and received a reduced sentence, there are still concerns about the balance of punishment with the main perpetrator who does not admit his actions. Therefore, further consideration is needed in providing sentences that reflect justice and rehabilitation goals.

Item Type: Thesis (Undergraduate)
Student ID: 202010110311564
Keywords: Comparative Analysis, Criminal Justice, High Court Decision
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: 202010110311564 okirezaputra
Date Deposited: 01 Feb 2024 02:24
Last Modified: 01 Feb 2024 02:24
URI: https://eprints.umm.ac.id/id/eprint/3264

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