CRITICAL ANALYSIS OF THE DISPARITIES IN JUDGE DECISIONS REGARDING CYBER BLACKMAIL CRIMES

Deby Arianti, . (2024) CRITICAL ANALYSIS OF THE DISPARITIES IN JUDGE DECISIONS REGARDING CYBER BLACKMAIL CRIMES. Syiah Kuala Law Journal, 8 (3). pp. 268-285. ISSN 2580-9059

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Abstract

Disparities in cyber blackmail crimes occur when the decisions handed down are different, even though they relate to the same type of criminal case. This could lead to injustice towards perpetrators of cyber-blackmail crimes. This study aims to analyze the factors that cause disparities and analyze ideal guidelines for judges in minimizing disparities in decisions regarding cyber blackmail crimes. The research method used is normative, using a statute approach and case approach. The process of collecting data in this research is by analyzing library research an data techniques using qualitative analysis to answer problem formulations and descriptive analysis to examine existing legal materials. The results of this research explain the factors that cause disparities in decisions for cyber blackmail crimes, such as statutory factors, public prosecutor law enforcement factors, judge opinion factors, and the absence of sentencing guidelines. The ideal guideline for judges in imposing sentences can refer to the sentencing guidelines in the new Criminal Code. In this case, the court chairman can also monitor and direct judges through decision evaluation and collegial discussions to ensure fair and objective decisions and maintain the court's reputation without reducing judges' independence.

Item Type:	Article
Additional Information:	[No.Panggil: 2110611068] [Pembimbing: Abdul Kholiq] [Penguji 1: Rosalia Dika Agustanti] [Penguji 2: Mulyadi]
Uncontrolled Keywords:	Disparity, Judge Decisions, Extortion, Cyber Blackmail
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	DEBY ARIANTI
Date Deposited:	29 Jan 2025 06:53
Last Modified:	29 Jan 2025 06:53
URI:	http://repository.upnvj.ac.id/id/eprint/35481

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