Disparitas Pidana Dalam Perkara Pencurian Sepeda Motor Di Pengadilan Negeri Tanjung Balai Karimun (studi Kasus Nomor : 167/PID.B/2020/PN.TBK Dan 164/PID.B/2021/PN.TBK)

Winola, Tabitha (2022) Disparitas Pidana Dalam Perkara Pencurian Sepeda Motor Di Pengadilan Negeri Tanjung Balai Karimun (studi Kasus Nomor : 167/PID.B/2020/PN.TBK Dan 164/PID.B/2021/PN.TBK). Other thesis, Universitas Islam Riau.

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Abstract

Criminal disparity is the application of different criminal decisions to the same crime or to criminal acts that are dangerous in nature, which can be compared without a concrete basis of approval or justification. There are many factors that cause the emergence of criminal disparities, but in the end it is the judge who determines the occurrence of these disparities. In essence, judges are given freedom by the state in deciding a case before them. Therefore, other parties cannot intervene in what is considered by the judge in the final decision later. As is the case with the crime of motorcycle theft which was tried by the judge at the Tanjung Balai Karimun District Court in Decision Number 167/Pid.B/2020/PN.Tbk and 164/Pid.B/2021/PN.Tbk. The main problem in this research is what is the basis for the judge's consideration in deciding the crime of motorcycle theft in cases number 167/Pid.B/2020/PN.Tbk and 164/Pid.B/2021/PN.Tbk and what are the factors the occurrence of disparity in the judge's decision in the crime of motorcycle theft in cases number 167/Pid.B/2020/PN.Tbk and 164/Pid.B/2021/PN.Tbk. This research uses a normative research method, which is carried out by researching using secondary data. The results of this study are the consideration of the Tanjung Balai Karimun District Court judges in deciding the motorcycle theft case in cases number 167/Pid.B/2020/PN.Tbk and 164/Pid.B/2021/PN.Tbk has been regulated in Article 197 paragraph (1) letter d of the Criminal Procedure Code which states that in the judge's consideration, a brief summary of facts and circumstances is drawn up along with the evidence obtained from the examination at trial. Then the judge's considerations are based on juridical considerations and the facts in the trial consisting of: (1) statements of witnesses, (2) statements of the defendant, and (3) statements of experts.

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