Analysis of Criminal Disparities in Child Maltreatment Resulting in Death

Abstract

The crime of child maltreatment resulting in death in Case Decision Number 3/Pid.Sus-Anak/2020/PN. Pti and Case Decision Number 1/Pid.Sus-Anak/2020/PN.Kpn is an illustration of  the disparity in  judges' decisions from various provisions that exist in a similar case. This study aims to find out what is called criminal disparity and the reasons for the disparity of punishment and to find out the issues that arise in the difference in punishment of children who commit maltreatment crimes that result in death and efforts to solve them. It can be concluded that the criminal distinction is the use of the same punishment for similar crimes or for criminal applications for which the nature of the danger can be measured. The law is the root of criminal differences. The judge's decision in these two cases was caused by several elements, including the prosecutor's demands, the character of the defendant, and the decision of the person authorized to decide cases based on Law No. 11 of 2012 concerning the Juvenile Criminal Justice System and Law Number 48 of 2009 concerning Judicial Power. The disparity between the two rulings is a result of these factors. The problem that arises in the difference in the punishment of children who commit abuse that results in death in the two verdicts and efforts to resolve them. The specifics of these differences in punishment will have social and juridical impacts. In an effort to determine this issue, the legal organization of the police is coordinated in view of the law and enforced with the existence of legal institutions to enforce the law.