Substantive Justice In A Criminal Sentence Exceeding The Prosecutor's Demand: An Analysis Of Decision Number 19/Pid.B/2024/Pn Gdt

Abstract

This study examines the ratio decidendi in Decision Number 19/Pid.B/2024/PN Gdt, which imposed a thirteen-year sentence, one year above the prosecutor’s demand and assesses its conformity with substantive justice. This normative study uses statutory, conceptual and case approaches. The decision remained lawful because evidence met requirements and the sentence stayed within Article 338 of the Criminal Code. Aggravating factors concerned the intensity and impact of the attack, while admission, courtroom conduct, no prior conviction and reconciliation were mitigating considerations. Substantive justice remained incomplete because the one-year increase and the weight of reconciliation were not measurably explained.