The Study of Judges’ Disparity in Corruption Cases in Indonesia

DOI

10.2991/assehr.k.200402.035How to use a DOI?

Keywords

corruption, disparity, judge decision

Abstract

Disparity in decision often occurs in corruption cases because the judges have their own independence to decide corruption cases without full consideration. For example, people with the same case and position, but they can get a different sentence. It is impossible to omit disparity but the number of disparity can be reduced to give equal justice for the perpetrators and victims of corruption. Disparity is an inequality in criminal sentencing which is the result of unfair or unexplained causes, rather than a legitimate use of discretion in the application of the law. This article aims to analyse the corruption decision trends in Indonesia and disparity factors. This study used normative legal research as the research method. The writers gain data from the literature review. To ensure the data, the writers used triangulation. The findings of this study are that the judges’ decision on corruption cases vary in each level and the factors of judges’ disparity are influenced by inter-jurisdictional disparity, intra-jurisdictional disparity, or intra-judge disparity.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Hamidah Abdurrachman
AU  - Fajar Dian Aryani
AU  - Nayla Majestya
PY  - 2020
DA  - 2020/04/07
TI  - The Study of Judges’ Disparity in Corruption Cases in Indonesia
BT  - Proceedings of the International Conference on Agriculture, Social Sciences, Education, Technology and Health (ICASSETH 2019)
PB  - Atlantis Press
SP  - 156
EP  - 160
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200402.035
DO  - 10.2991/assehr.k.200402.035
ID  - Abdurrachman2020
ER  -