DISPARITAS PUTUSAN HAKIM TERHADAP PELAKU TINDAK PIDANA UJARAN KEBENCIAN YANG DILAKUKAN OLEH MASYARAKAT UMUM

• Main Author: Ryan Chandra Sukma, (Author)
• Format: Book
• Published: 2023-07-10.
• Subjects: Thesis; NonPeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/26699/25/ABSTRAK.pdf; http://repository.upnvj.ac.id/26699/24/AWAL.pdf; http://repository.upnvj.ac.id/26699/26/BAB%201.pdf; http://repository.upnvj.ac.id/26699/27/BAB%202.pdf; http://repository.upnvj.ac.id/26699/28/BAB%203.pdf; http://repository.upnvj.ac.id/26699/29/BAB%204.pdf; http://repository.upnvj.ac.id/26699/30/BAB%205.pdf; http://repository.upnvj.ac.id/26699/31/DAFTAR%20PUSTAKA.pdf; http://repository.upnvj.ac.id/26699/9/RIWAYAT%20HIDUP.pdf; http://repository.upnvj.ac.id/26699/10/LAMPIRAN.pdf; http://repository.upnvj.ac.id/26699/11/HASIL%20PLAGIARISME.pdf; http://repository.upnvj.ac.id/26699/23/ARTIKEL%20KI.pdf
• Keywords: K Law (General)

Disparity is a difference or distance from the judge's decision regarding the same case. In other words, the disparity in the judge's decision against the perpetrators of hate speech crimes can lead to injustice to the perpetrators of hate speech crimes. The purpose of this study is to analyze the factors and analyze the ideal mechanism in resolving disparities in judges' decisions against perpetrators of criminal acts of hate speech committed by the general public. The type of research used is normative juridical with a statutory approach and a case approach. The results obtained from this study are that there are several factors that cause disparities in judges' decisions against perpetrators of hate speech crimes and to minimize this disparity, an ideal mechanism is needed by enforcing sentencing guidelines in law enforcement. The conclusion in this study is that there are factors that cause disparity in judge decisions such as factors from the Indonesian legal system that uses civil law, factors from laws, factors within the judges themselves, factors originating from evidence in court, factors based on judgment considerations, and factor of the absence of sentencing guidelines. Thus an ideal mechanism is needed in resolving the disparity in judge's decisions against perpetrators of hate speech by enacting the sentencing guidelines in the new Criminal Code, and the need for enforcement of criminal law in resolving disparities in judge's decisions against perpetrators of hate speech in accordance with the sentencing guidelines in the new Criminal Code.