Farid Maulana, Rodliyah, Any Suryani Hamzah

Abstract:

This study aims to determine and understand the occurrence of Criminal Disparity Judges Decisions in Child Crimes Viewed from the Perspective Protection of the rights of the child and to know and analyze the Criminal Disparity Settings Judge’s Decision in the Case of Children. The research method used is empirical law research method, with approach of Legislation, Conceptual Approach, and Case Approach. The results showed that: First, the occurrence of Criminal Disparity In Judge’s Decisions About Child Cases Viewed From Perspective Protection of the Rights of the Child caused by factors include: (a) Internal factors, i.e. factors Sourced from the judge itself because it is fixated as a person attribute referred to as judicial personnel; (b) External Factors are factors that affect the decision of a judge who comes from outside the judge. Second, the Criminal Disparity Arrangement in Judge’s Decisions on Child Cases has not been regulated in the laws and regulations due to the absence of punishment guidance, especially in the crime of children, but the judges use discretion or their freedom to impose criminal punishment on children.

Keywords: criminal disparity, judge verdict

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