DISPARITAS PUTUSAN HAKIM TERHADAP KASUS TINDAK PIDANA PEMBUNUHAN BERENCANA (Studi Putusan Nomor 76/Pid.B/2023/PN. Blk dan Putusan Nomor 97/Pid.B/2023/PN. Nnk)
Criminal disparity is a difference in the form of criminal punishment but with the same criminal offense that can be compared. This study discusses the disparity of judge's considerations in two different judge's decisions, but with the same case, namely Decision Number 76/Pid.B/2023/PN.Blk and Decision Number 97/Pid.B/2023/PN.Nnk regarding the crime of premeditated murder. The purpose of this research is to find out the judge's considerations in deciding the two decisions and the disparity between the two decisions. This research uses normative juridical research methods, including Law Approach, Case Approach, and Comparative Approach. The results of this study indicate that there is a difference in sentencing for the same criminal offense because the defendant in Decision Number 76/Pid.B/2023/PN.Blk was sentenced to imprisonment for 10 (ten) years while the defendant in Decision Number 97/Pid.B/2023/PN.Nnk was sentenced to death. Sentencing disparities often occur because Judges are free to impose criminal penalties and judges must still be more thorough in carrying out their considerations and weighing the legal reasons of the parties at trial in order to produce fair sentences for defendants and society
