ANALISIS DISPARITAS PUTUSAN DALAM PERKARA TINDAK PIDANA PENYEBARAN BERITA BOHONG DAN TINDAK PIDANA PENCUCIAN UANG (Studi Kasus Putusan No. 1240/Pid.Sus/2022/ PN Tng dan Putusan No. 576/Pid.Sus/2022/PN Blb)

Abstract

Criminal disparity is the application of unequal punishments to the same
crime or crimes whose nature and danger can be compared. This research
focuses on the verdict on the crime of spreading false news and money laundering
with the defendants Indra Kenz and Doni Salmanan. Where the problem that
occurs is disparity in punishment, namely in the application of different principal
and additional penalties so that it is seen as not fulfilling a sense of justice.
The aim of this research is to analyze the disparity in decisions in these
cases and how the regulations or policies of judges as law enforcers are related to
disparities in judges' decisions. This research uses a normative juridical method
which is descriptive analysis. This research uses legal sources consisting of
judges' decisions in cases will be analyzed, related legislation, books and
scientific journals. All data collected will be compiled and analyzed using theory
or expert opinion.
The results of the research and discussion carried out present the results
of the analysis of disparities in judge's decisions in cases of criminal acts of
money laundering and spreading false news committed by defendants Indra Kenz
and Doni Salmanan, as well as explaining regulations and policies to minimize
disparities in decisions. Criminal disparity is a decision by a panel of judges
regarding similar criminal acts. The differences in judge's considerations and the
existence of unproven charges have led to disparities in punishment (main and
additional penalties) in criminal cases of spreading fake news and money
laundering Decision No.1240/Pid.Sus/2022/PN Tng and Decision No.576/Pid.
Sus/2022/PN Blb. The cause of the disparity is the lack of legal reasoning among
judges who tend to accept whatever is offered by the public prosecutor.
Regulations and policies related to disparities are still developing. In an effort to
build accountable law enforcement, the quality of moral and juridical
accountability is required from judges.
Keywords: Disparity, Judge's Decision, Spread of Fake News, Money
Laundering.