DISKRIMINASI DALAM PENANGANAN PERKARA PIDANA PADA TERSANGKA DIKAITKAN DENGAN ASAS EQUALITY BEFORE THE LAW

Abstract

The principle of equality in law or what is often referred to as equality
before the law, is interpreted dynamically and is believed to guarantee access to
justice (access to justice) for all people regardless of background. In the context
of the rule of law, the institution that is most highlighted is the judiciary. As one of
the characteristics of a rule of law state, the judiciary must be independent and
impartial or impartial. An independent judiciary is essentially related to the
desire to obtain the fairest possible decision through the considerations and
authority of an independent judge without the influence or interference of other
parties. Failure to properly implement the principle of equality before the law can
lead to injustice in the future. Solving a legal problem.
This study aims to determine the forms of discrimination in the Handling
and Treatment of Criminal Offenders associated with the Principle of Equality
Before the Law and to determine the ideal application of the Principle of Equality
Before the Law in Handling and Treatment of Criminal Offenders. The research
method used is normative legal research method.
The results of the study show that differences in status and influence can
make people with the same case not receive the same treatment. One example of a
case where 2 (two) perpetrators who both have small children should be
considered by law enforcement. This is because one of them is a public figure who
has influence and status, so that his “voice” in court is heard more. While the
other perpetrators had no influence and status, therefore the courts seemed to
turn a blind eye to them. There are a number of factors that influence the
judiciary which impede the fulfillment and implementation of Equality Before the
Law such as economic problems and citizen education as connoisseurs of justice,
even education problems are also a problem among law enforcers. Political
problems also arise as a suppression of the judicial process, especially in
criminal cases.

Keywords: Discrimination, Handling Criminal Cases, Equality Before The Law