Disparitas Putusan Pengadilan dalam Perkara Tindak Pidana Pencabulan dan Tindak Pidana Perkosaan

This book examines the disparity of punishment in rape and sexual abuse cases in Indonesia. Criminal disparity is the provision of different punishments for crimes that are similar or equal in seriousness, which have similar characteristics in the legal facts (comparable circumstances). This disparity phenomenon, if it cannot be accounted for, contradicts the principle of proportionality in punishment, where punishment must fit the crime and the criminal.

This research focuses on identifying disparities in cases of sexual violence in the form of rape and sexual abuse through decisions in the courts of first instance (District Courts and Military Courts) in Indonesia from 2019 to 2021. Using the indexation method of court decisions on rape and sexual abuse, this book provides an overview of the level of disparity in sentencing in these cases, as well as
the phenomenon of sexual violence criminal justice in Indonesia. Through in-depth analysis, this book is expected to contribute to efforts to improve the criminal law system and increase justice in the criminalization process in Indonesia.