Disparitas Putusan Hakim Dalam Perkara Nomor 122/Pid.B/2005/PN.PYK Dengan Putusan Nomor 57/PID/2006/PT.PDG
ABSTRACT: In 2005 at
Payakumbuh City, West Sumatra threre was an uproar case, a premeditated murder
of a Japanese citizen named Tomoko Ishizawa aka Mochhi. In this case there was
a disparity the country court decision and the high court decision, which is
the decision numberd 122/Pid.B/2005/PN.Pykconvicted 20 years in prison while
the decision numbered 57/PID/2006/PT.PDG convicted the death penalty. The
problems are how the judge consideration indeciding conviet for the first level
and the higher one, and whether factor that cause the dicision disparities in
the decision numbered 122/Pid.B/2005/PN.Pyk and the decision numbered
57/PID/2006/PT.PDG. After the research by using descriptive or normative legal
research, data sourees supported by three legal matcrials which is primary
data, secondary data and tertiary data, while the data collection teehniques
were the study ofliterature, decisions and legislation relating to the
discussion. After the datawere collected then analyzed qualitatively to address
problems in this script and the conclusions were deductively taken. Based on
the results of research that the judge consideration of the high court focused
on the judgment against the defendant and denied the considerations that
relieve the defendant in the country court. The high court judges convicted the
death penalty based on the maximum sentence of Article 340 of the KUHP, while
country court judges convicted 20 years in prison based on the minimum sentence
of Article 340 the KUHP. Then the factors that lead to disparities in the
decision numbered 122/Pid.B/2005/PN.Pyk and the decision numbered
57/PID/2006/PT.PDG were grouped into 3 sections based on the sources which is
the legal system and the philosophy of punishment, the of the judge and the
defendant.
Penulis: Nugraha Azel Putra
Kode Jurnal: jphukumdd160410
