Normative Disparity In Judges' Decidendi Ratios: A Study Of The Application Of The Principle Of Individualization Of Criminal Sentences To Children In Cases Of Sexual Violence

Abstract

This study examines the principle of individualization of punishment and normative disparity by comparing Samarinda District Court Decision Number 26/Pid.SusAnak/2023/PN Smr and Sukabumi District Court Decision Number 3/Pid.SusAnak/2023/PN Skb. The problem centers on the tension between rehabilitative mandates and punitive tendencies in child sexual violence cases. This normative legal research employs statutory, conceptual and case approaches analyzed prescriptively. Findings reveal stark sentencing disparity between 10 months imprisonment with 2 months job training in the first decision and 4 years imprisonment with 6 months job training in the second due to the absence of measurable juvenile sentencing guidelines.