ARCHIVES
VOL. 6, ISSUE 3 (2024)
Disparity of criminal decisions in criminal cases in the ITE law against the defendants
Authors
Noer Chalim, Umi Enggarsasi, Titik Suharti
Abstract
This research was carried out with the aim of finding out the disparity
in criminal decisions regarding criminal cases in the ITE Law against Defendant
I and Defendant II, while this research method is a normative juridical
research method.The disparity in criminal decisions in criminal cases under the
ITE Law against Defendant I and Defendant II occurred because of differences in
the defense of their Legal Advisors. Defendant I's legal advisor stated in his
defense that the Public Prosecutor's allegations were not proven, because at
the time of the examination of the witness at trial there was no match between
the statements of the twelfth witness and the statements of the sixth and
seventh witnesses. And Defendant I explained in court that he had never asked
anyone to upload a video. The defense of Defendant I's legal advisor was
considered by the Panel of Judges. Defendant II's legal advisor in his defense
did not submit an objection and did not convey that there was no suitability in
examining witnesses at trial so that the legal advisor's defense was not
considered by the Panel of Judges.The Panel of Judges' consideration was
regarding the role of Defendant II in knowing when the sixth witness uploaded a
video via the seventh witness' YouTube account, therefore the elements of
"person who did it, ordered it to be done, participated in doing it"
were declared to have been fulfilled for Defendant II, because the elements
alleged against him were Defendant II has fulfilled everything, so according to
the Panel of Judges' considerations, the Public Prosecutor's indictment has
been proven against Defendant II, so Defendant II is declared proven to have
committed a criminal act.According to the Panel of Judges, Defendant II's
criminal actions must be accountable as part of a mistake, therefore in
accordance with the legal principle "there is no crime without error (gen
straaft zonder schuld)".
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Pages:142-150
How to cite this article:
Noer Chalim, Umi Enggarsasi, Titik Suharti "Disparity of criminal decisions in criminal cases in the ITE law against the defendants". International Journal of Law, Policy and Social Review, Vol 6, Issue 3, 2024, Pages 142-150
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