Analysis of Criminal Disparities against The Offenders of Theft Crimes With Weighting

Abstract

Research purposesthis isstudy and analyzethe disparity of the judge's decision against the perpetrators of the crimecrime of theft with weighting in Decision Number 81/Pid.B/2021/PN Sbrand To review and analyzethe judge's consideration of the decisioncriminal disparity against the perpetrators of the crime of theft by weighting the Decision on Case Number 81/Pid.B/2021/PN Sbr.This study uses a sociological juridical approach. The results of this study showthat from the two judges' decisions in the crime of theft with weighting there is a criminal disparity, due to the subjective and objective factors of the judge, namely the applicable legal system, legislation, originating from the panel of judges, criminal events, demands from the Public Prosecutor, aggravating matters and relieve the accusedAndBasethe judge's considerations that led to disparities in criminal justice regarding the crime of theft by weighting, among others, based on the facts and evidence at trial, the actions of the Defendant have fulfilled the elements of the formulation of Article 365 paragraph (1) 4th and 5th of the Criminal Code