ANALYSIS OF THE DIFFERENCES IN LAW APPLICATION BY JUDGES IN THE INITIAL AND FINAL VERDICTS IN CHILD TRAFFICKING CASES (A Study of the Supreme Court Decision of the Republic of Indonesia Number: 119 K/PID.SUS/2022)

Authors

  • Rahul Rahul Universitas Pertiba Author

Keywords:

Juvenile Criminal Law, Child Protection, Child Trafficking

Abstract

The differences in court decisions at the first and final levels are highly intriguing for analysis from both theoretical and practical perspectives. This study is a normative research that examines the considerations of judges in determining verdicts. The disparities in District Court decisions are influenced by several aspects such as legal understanding in the application of articles, as well as the facts revealed during the trial which affect the judge's decision. As in the tradition of civil law, judicial decisions are one of the sources of law; therefore, precision and meticulousness in the application of articles need to be a serious concern so that judges, in making court decisions, can achieve the goals of law itself: legal certainty, justice, and legal utility.

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Published

2024-04-15

Issue

Section

Articles