Disparity Analysis of Judge’s Decisions of The Crime of Premeditated Murder

P-ISSN: 2442-9880, E-ISSN: 2442-9899 Disparity Analysis of Judge’s Decisions of The Crime Of Premeditated Murder Febrianti R. Sungo1, Fence M. Wantu 2, Novendri M. Nggilu 3 1 Faculty of Law, Gorontalo State University, Indonesia. E-mail: of Law, Gorontalo State University, Indonesia. E-mail: 3 Faculty of Law, Gorontalo State University, Indonesia. E-mail: 2 Faculty ARTICLE INFO ABSTRACT Keywords : This study aims to find out the Disparity analysis of judges' decisions on the crime of premeditated murder in Decision Number 7/Pid.Sus-Anak/PN.Kbj and Decision Number 1/Pid.Sus-Anak/2016/PN.Gto. The method used in this research was normative legal research. The approach used a legal approach or a statute approach and a case approach. The judge in making a decision, of course, first sees whether the act committed by the child is intentional or unintentional so that it can be seen by a judge when enforcing Restitave Justice where one way to move the legal process through the courts is to become a legal settlement outside the court by involving the victim's family as the most important element in the settlement of a crime. However, if you look at the crimes against children that have been committed, diversion efforts are not enforced because the child has committed a very severe crime. The community needs to understand that inequality or disparity is not a bad thing but it is natural for clear legal reasons except arbitrarily, this is normal and is not prohibited by the legal system in Indonesia. The community needs to be informed in advance about the background of the emergence of disparities in decision-making. Disparity Analysis, Murder. How To Cite : Sungo, F.R., Wantu, F.M., Nggilu, N.M. (2019). Disparity Analysis of Judge’s Decisions of The Crime of Premeditated Murder. Estudiante Law Journal 1 (1): 53-67 DOI : @2019 Sungo, F.R., Wantu, F.M., Nggilu, N.M. Under the license CC BY-SA 4.0 https://ejurnal.ung.ac.id/index.php/eslaw/index Estudiente Law Journal 1 (1) 2019 53 P-ISSN: 2442-9880, E-ISSN: 2442-9899 INTRODUCTION A. Background At the Preamble to the 1945 Constitution of the Republic of Indonesia, it is explained that one of them is to create a government that guards and protects all Indonesian people. Starting from understanding the term which states that humans are wolves for other humans or humans are predators of other humans or in the legal language, namely (Homo homini lupus), the meaning of Homo homini lupus is that humans are always selfish and do not want to see other people so that it is no longer impossible that it often happens when humans commit violations, whether intentional violations or unintentional violations, which result in these actions being detrimental to the general public and often even violating legal norms that apply in the general public, which is referred to as a criminal act or offense.1 So that in modern times is an era where humans are required to develop themselves.2 Norms that develop in society and are flexible as well as encourage creativity in providing public services.3 One of the goals of a state is to protect the entire Indonesian nation as stated in our constitution, namely the 1945 Constitution of the Republic of Indonesia. In practice in everyday life, if there are people who are negligent or intentionally not carrying out their obligations, it will result in the general public being harmed, it can be said that the citizen has violated the law because he is no longer carrying out his/her obligations to obey and comply the law. State involvement is also one of the characters of the conflict phenomenon.4 In line with the progress and the rapid pace of science and technology Crimes are not only committed by adults but have penetrated or entered into children or to minors, it is not unmitigated that the crimes committed by them are already included in the category of the crime of premeditated murder. Furthermore, when talking about children, children are a potential regeneration of a nation in the future, because children have a large today5. 1 Novendri M. Nggilu dan Ahmad (2020). Denyut Nadi Amandemen Kelima Undang-Undang Dasar 1945 melalui Pelibatan Mahkamah Konstitusi sebagai Prinsip the Guardian of the Constitution. Jurnal Konstitusi, 202016(4), 785-808 2 Bakung, Dolot Alhasni. (2020) Determinasi Perlindungan Hukum Pemegang Hak Atas Neighboring Right. JALREV 2 (1), 67 3 Norma L.P. Wemben. (2010). “Kinerja Pelayanan Pada Kantor Badan Pertanahan Nasional Kabupaten Gorontalo.” Jurnal Legalitas 3 (2), 131 4 Yudha Chandra Arwana. “Jalur Mediasi dalam Penyelesaian Sengketa Pertanahan Sebagai Dorongan Pemenuhan Hak Asasi Manusia.” JALREV 1 (2) 2019, 216 5 Lakoro, A., Badu, L. W., Achir N. (2020). Lemahnya Kepolisian Dalam Penanganan Tindak Pidana Perjudian Togel Online, JURNAL LEGALITAS, Vol 13, No. 01(2020), 32 https://ejurnal.ung.ac.id/index.php/eslaw/index Estudiente Law Journal 1 (1) 2019 54 P-ISSN: 2442-9880, E-ISSN: 2442-9899 enough role in determining the direction of the nation and also as a reflection of the life behavior of a nation in the future.6 As an element that is expected to be able to carry out the successor of national development, children should be able to behave well in their time, but the changes and developments of the times sometimes make children often involved in doing different things and against the law, such behavior is very unnatural for their age who are still children, so this causes frequent delinquency where the perpetrator is a child. In essence, every human being, whether grown-up or still a child, cannot be separated from punishment if someone is proven to have committed a crime. The environment also sometimes causes changes in their mindset and behavior. Development is a strategic step to realize these national goals.7 Looking at the definition of children, it can be ascertained that children are one of the assets of the nation and state, where children are the successors who should be guarded and taught good things. So with that, when children get bad treatment, their rights should be protected through various regulations that have been made by the government. The process of resolving a criminal act committed by children is regulated in a special law, namely Law Number 11 of 2012 which regulates how the juvenile justice process is carried out, which is effective starting on June 30th, 2014. As for some of the functions of the constitution, namely how Human rights are protected and this is guaranteed by law. So that this becomes the constitutional right of every Indonesian citizen.8 This is because human rights are part of the administration of justice within the framework of an independent judiciary.9 The right to life must be protected by the state, especially the rule of law state.10 The essence of Law Number 11 of 2012 is concerning the placement of children who are undergoing a judicial process, they cannot be placed or entrusted to a correctional institutio (...truncated)