Septiana Puspitasari, . (2022) DISPARITAS PENJATUHAN PIDANA DALAM PERKARA TINDAK PIDANA PORNOGRAFI. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
This study aims to identify and examine the occurrence of criminal disparities in pornographic criminal cases and to identify and examine efforts to minimize criminal disparities in pornographic criminal cases. The research method used is normative juridical with the approaches used are the statutory approach, the case approach, and the conceptual approach. The results of this study indicate that the occurrence of criminal disparities in pornography crime cases is caused by the freedom of judges in determining the crime associated with the range of maximum and minimum criminal limits contained in Article 29 of the Pornography Law, and associated with the facts revealed in court. In addition, the lack of understanding of judges in paying attention to the best interests of women as victims of criminal acts and the recovery of victims also affects judges in giving legal considerations. It is important for judges to understand the meaning of PERMA Number 3 of 2017 concerning Guidelines for Prosecuting Women Against the Law in providing legal considerations for the best interests of the victim, and the need for clear arrangements regarding sentencing guidelines contained in the types of regulations of the Supreme Court Regulations, this is because the formulation material punishment guidelines are in the form of regulations, then the appropriate form of legal product is also in the form of regulations. The sentencing guidelines in the form of PERMA provide judges with confidence that the punishments imposed have been proportionate between the actions of the perpetrators, the chacacter of the perpetrators of the crime, and the consequences of the crime as well as assisting judges in understanding the objectives to be achieved from the decisions they pass, so that criminal disparities in pornographic crime cases can be minimized so that justice can be created, certainty, legal benefit, and moral justice.
| Item Type: | Thesis (Skripsi) |
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| Additional Information: | [No.Panggil: 1810611302] [Ketua: Heru Suyanto] [Anggota 1: Handoyo Prasetyo] [Anggota 2: Rosalia Dika Agustanti] |
| Uncontrolled Keywords: | Criminal disparity, Pornography crime, Judge's consideration, Sentencing guidelines |
| Subjects: | K Law > K Law (General) K Law > KZ Law of Nations L Education > L Education (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | Septiana Puspitasari |
| Date Deposited: | 23 Feb 2022 03:21 |
| Last Modified: | 23 Feb 2022 03:21 |
| URI: | http://repository.upnvj.ac.id/id/eprint/15667 |
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