Rachmad, M. Fattah Putra (2025) Disparitas Putusan Hakim Terhadap Delik Terkualifikasi Pada Tindak Pidana Penggelapan (studi Putusan Nomor 1240/pid.b/2023/pn.pbr Dan Putusan Nomor 1386/pid.b/2023/pn.pbr). Other thesis, Universitas Islam Riau.

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Abstract

Disparity of decisions in the criminal justice system is often a problem in law enforcement, especially in cases that have similar elements of criminal acts. This study aims to analyze the basis for judges' considerations in deciding cases of embezzlement in office as well as the factors that cause disparities in decisions Number 1240/Pid.B/2023/PN.Pbr and Number 1386/Pid.B/2023/PN.Pbr. The research method used is normative legal research method with case approach and statute approach. Research data was obtained from court decisions, legal doctrine, and related literature. The results showed that the disparity in the two verdicts was caused by several factors, including differences in the method of legal interpretation used by the judges, different case characteristics, and subjective considerations of the judges regarding the mitigating and aggravating factors of the defendants. Although both defendants were charged with Article 374 of the Criminal Code, there were significant differences in sentences. In Decision 1240/Pid.B/2023/PN.Pbr, the defendant was sentenced to 2 years and 8 months in prison, while in Decision 1386/Pid.B/2023/PN.Pbr, the defendant was only sentenced to 1 year and 8 months in prison even though the value of the loss incurred was greater.

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