Minimizing Disparities in Judges' Decisions in Realizing a Sense of Justice in Society

Abstract

Disparity in judges' decisions in cases of criminal acts of corruption (tipikor) is a serious problem because it harms society's sense of justice. This research aims to analyze the factors that cause disparities in corruption decisions and formulate strategic recommendations to minimize them. The research method used is normative juridical with a statutory approach, case approach, and conceptual approach through qualitative secondary data analysis. The research results show that the disparity in decisions is caused by the characteristics of the Indonesian civil law system which lacks common sentencing guidelines, the principle of freedom of judges which triggers inconsistencies without the executorial authority of the Judicial Commission (KY), as well as overlapping regulations in Law no. 31 of 1999 and Law no. 20 of 2001 which was exacerbated by the weak synergy between institutions. To minimize this disparity, this research recommends that the Supreme Court (MA) issue regulations requiring judges to guide jurisprudence, as well as develop specific standard sentencing guidelines together with related institutions. Apart from that, there is a need for a judicial review by civil society of the KY Law to the Constitutional Court to strengthen the ethical oversight function of judges, which is balanced with the Supreme Court's steps in intensifying monitoring and strengthening sanctions for violations in corruption cases.