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DISPARITAS PENJATUHAN PIDANA DALAM PUTUSAN HAKIM TERHADAP PERKARA TINDAK PIDANA PENCURIAN YANG DILAKUKAN OLEH ANAK(Studi Tentang Pertimbangan Hakim di Pengadilan Negeri Malang)

Source: OAI

ABSTRACT Child crime got increased, just like stealing cases by children. Many factors forced child to do stealing crime, where the factors located in the child self (internal) or outside the child self (external), like environment, family, and economy. The research took statement of problems: (1) what became the background of judge for children consideration in making sanction to child as stealing crime subject so there caused disparity of judge decision? (2) How is the judge perception about decision disparity in making crime sanction to child as subject of stealing crime related with justice? The research used juridical sociologist approach, data collection technique was interview with judge in Malang State of Court, and direct research through 6 judge decision in research location, Malang State of Court as primary data source. Data research were analyzed in descriptive way. From the 6 judges decision chosen in structural way, the judge consideration in making sanction to the child stealing action so that created disparity based on several factors, they were psychological, economic, social, cultural, educative, environment, religious. Judge perception about disparity related with justice, couldn’t be avoided since each judge had their own consideration and disparity not violating the law along it could be responsible in law and fulfilling the justice. The conclusion, disparity happened in decision was still in law corridor. Beside, while there was disparity of law decision caused by juridical factors and non-juridical. The writer suggest the judge to do crime sanction to child to consider sanction by paying attention to children needs and future. Keywords: disparity, judge decision, judge consideration background, judge perception

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