Prasetya Online

>

UB News

PERSADA Hold Discussion to Find Solution on Disparity of Punishment

Print version PDF version RTF version
Submit by oky_dian on August 31, 2017 | Comment(s) : 0 | View : 485

PERSADA (Pusat Pengembangan Riset Sistem Peradilan Pidana/Centre for Development of Criminal Justice System Research) of Brawijaya University held a discussion related to solution of handling on criminal disparities. The event hand in hand with MaPPI (Masyarakat Pemantau Peradilan Indonesia/Indonesian Justice Monitoring Society), Faculty of Law, University of Indonesia, District Court of Malang, and The State Prosecutor's Office at 8th Floor of Main Building, Wednesday (30/Aug/2017).

The Head of the District Court of Malang City Nursyam, SH., M.Hum mentioned that disparity is a difference in The criminal proceedings of Judges' Rulings.

"Disparities can be caused by two factors namely juridical and non-juridical. The juridical factor consists of Corruption Law and Purpose of Crime. The non-juridical factor consisted of intent of the perpetrator, the role of the perpetrator, the will of the perpetrator, effect of deeds, purpose of deeds, and circumstances of the perpetrator such as physical condition who sickly and performance of the perpetrator," said Nursyam.

The Head of State Prosecutor's Office of Malang City Joko Irianto added that disparities or difference on judge's verdict can happened due to differences of interpretation. For instance, case of defendant on behalf of Budi who was charged with pasal 2 (1) jo.18 UU. No31/1999 jo. UU. No.20/2001 with criminal charges of four-year imprisonment and penalties 200 million rupiahs there was a difference in the decision of the prosecutor of which he was charged with proven article was pasal 3 UU.No. 31/1999 jo. UU. No. 20/2001 which was adjudged by a two year imprisonment and a charge of 50 million rupiahs.

Therefore, in order to avoid, preventing and minimizing the occurrence of disparities then was arranged case handlings guidelines on criminal act of corruption namely Surat Edaran Jaksa Agung RI Nomor: SE-001/A/JA/01/2010 tanggal 13 Januari 2010 tentang Pengendalian Penanganan Perkara Tindak Pidana Korupsi (Controlling the handling of corruption cases) and Surat Edaran Jaksa Agung RI Nomor: SE-003/A/JA/02/2010 tentang Pedoman Tuntutan Pidana Tindak Perkara Korupsi (guidelines for criminal prosecution on corruption cases) jo. SE-001/JA/04/1195 tanggal 27 April 1995.

PERSADA's researcher Dr. Lucky Endrawati, SH., MH mentioned, the discussion aims to produce disparities of court decisions and so can produce decision in one understanding. [Oky Dian/Humas UB/trans. Denok]

 

 

Comments

Send your comment

Use ID