DISPARITAS PEMIDANAAN DALAM TINDAK PIDANA PEMBUNUHAN BERENCANA: Analisis Yuridis Terhadap Rasionalitas Vonis Richard Eliezer

Jason Edwin Cristian Sihite, . (2026) DISPARITAS PEMIDANAAN DALAM TINDAK PIDANA PEMBUNUHAN BERENCANA: Analisis Yuridis Terhadap Rasionalitas Vonis Richard Eliezer. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

This research provides an in-depth examination of sentencing disparity in the premeditated murder case of Brigadier Nofriansyah Yosua Hutabarat, with a particular focus on the position and influence of Richard Eliezer’s status as a justice collaborator in the court’s judgment. The disparity becomes analytically significant because all defendants were involved in the same chain of criminal events, yet their sentences varied widelyfrom the death penalty to 1 year and 6 months of imprisonment. Using a normative juridical approach supported by a comparative analysis of five court decisions, this study seeks to identify the underlying factors that produced such disparity. The absence of comprehensive sentencing guidelines in Indonesia’s criminal justice system grants judges a broad scope of discretion, resulting in sentencing outcomes that are heavily shaped by subjective judicial assessments of aggravating and mitigating circumstances rather than uniform and measurable standards. Consequently, sentencing disparity in this context reflects a structural phenomenon rather than a purely individual one. The findings of this study reveal that the status of justice collaborator plays a decisive role in mitigating Richard Eliezer’s sentence. Pursuant to Article 10A of Law No. 31 of 2014 and Supreme Court Circular Letter (SEMA) No. 4 of 2011, a cooperating offender who provides essential information for uncovering a larger criminal act is entitled to receive a sentencing reduction. In this case, Richard Eliezer offered key testimony that dismantled the fabricated narrative constructed by other perpetrators. The court treated his justice collaborator status as the primary mitigating factor, accompanied by additional considerations such as his young age, remorse, cooperative conduct, and the forgiveness extended by the victim’s family. Nevertheless, the substantial reduction granted raises critical questions regarding its alignment with the principles of proportionality, substantive justice, and equality before the law particularly given that Richard was the individual who directly discharged the firearm resulting in the victim’s death. This study underscores the urgent need for the establishment of clearer and more structured sentencing guidelines within the Indonesian legal system, so that sentencing disparities can be minimized and the principles of legal certainty, justice, and equality before the law can be more effectively upheld. Thus, this case not only illustrates the complexities of sentencing in premeditated murder cases but also serves as a broader reflection on the necessity of strengthening Indonesia’s criminal sentencing framework to ensure fair and consistent judicial outcomes for all parties involved.

Item Type:	Thesis (Skripsi)
Additional Information:	[No. Panggil : 2210611467] [Pembimbing : Yuliana Yuli] [Ketua Penguji : Handar Subhandi Bakhtiar] [Penguji 1 : Kayus Kayowuan Lewoleba] [Penguji 2 : Yuliana Yuli]
Uncontrolled Keywords:	Sentencing disparity, premeditated murder, justice collaborator.
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	JASON EDWIN CRISTIAN SIHITE
Date Deposited:	16 Mar 2026 07:47
Last Modified:	16 Mar 2026 07:47
URI:	http://repository.upnvj.ac.id/id/eprint/42976

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