Juridical analysis of the authority of judges to decide sentencing cases in the perspective of proportionality and the principle of justice

Abstract

Purpose: This research discusses the legal regulation of judges’ authority to decide sentencing cases from the perspective of proportionality and the principle of justice, and the implementation, constraining factors, and efforts of judges’ authority to decide sentencing cases from the perspective of proportionality and the principle of justice (research study of Batam District Court Class 1A).
 Research methodology: The research method of this thesis is normative juridical (legal research) through a literature study supported by empirical juridical (sociological juridical) through a field study that aims to empirically obtain legal knowledge.
 Results: The results showed that the legal regulation of the authority of judges to decide sentencing cases from the perspective of proportionality and the principle of justice is regulated in Law No. 48 of 2009 concerning judicial power. Specifically, the authority of judges to decide punishment cases is regulated in Article 183 of the Criminal Procedure Code. The implementation of judges deciding punishment cases at the Batam District Court Class I A. There are various obstacles, namely witness testimony, the absence of witnesses, and conflicts between the panel of judges. These obstacles affect the judge’s decision to punish. However, the efforts of judges to impose punishment are guided by Article 183 of the Criminal Procedure Code. It is recommended that judges or authorities explore the values that live in society in order to realize justice in every decision.