Sentencing Disparities in Judicial Considerations of Electronic Sexual Violence Cases
), Bayu Prasetyo(2), Elviandri Elviandri(3)
(1) Faculty of Law, Universitas Muhammadiyah Kalimantan Timur, Samarinda, Indonesia
(2) Faculty of Law, Universitas Muhammadiyah Kalimantan Timur, Samarinda, Indonesia
(3) Faculty of Law, Universitas Muhammadiyah Kalimantan Timur, Samarinda, Indonesia
Corresponding Author
Abstract
Introduction: Indonesia, as a state governed by the rule of law, upholds equality before the law and the protection of human rights as fundamental principles. However, the rapid development of digital technology has created new challenges, particularly the emergence of electronic sexual violence, which has raised significant public concern. Although Law Number: 12 of 2022 regulates such crimes, judicial practice reveals sentencing disparities that undermine legal certainty and victim protection.
Purposes of the Research: This study aims to analyze the causes of judicial sentencing disparities in cases of electronic sexual violence and examine their implications for law enforcement in Indonesia.
Methods of the Research: The research employs a normative juridical method with a library research approach. Data were collected from primary legal materials such as statutory regulations, secondary legal materials including literature, doctrines, and previous studies, as well as tertiary legal materials such as legal dictionaries and encyclopedias.
Findings of the Research: The findings indicate the existence of disparities in three court decisions that applied similar provisions but resulted in significantly different sentences. Factors contributing to these disparities include differences in judicial interpretation, the application of individualized sentencing principles, and non-juridical considerations. Such disparities have serious implications, including diminished legal certainty, reduced deterrence for offenders, weakened victim protection, and declining public trust in the judiciary. Therefore, the establishment of consistent, transparent, and victim-oriented sentencing guidelines is essential to ensure substantive justice in Indonesia’s criminal justice system.
Keywords
DOI
10.47268/tatohi.v5i9.3410
Published
2025-12-06
How To Cite
@article{TATOHI3410,
author = {Mohamad Nazrin and Bayu Prasetyo and Elviandri Elviandri},
title = {Sentencing Disparities in Judicial Considerations of Electronic Sexual Violence Cases},
journal = {TATOHI: Jurnal Ilmu Hukum},
volume = {5},
number = {9},
year = {2025},
keywords = {Sentencing Disparity; Electronic Sexual Violence; Judges; Legal Certainty; Victim Protection},
abstract = {Introduction: Indonesia, as a state governed by the rule of law, upholds equality before the law and the protection of human rights as fundamental principles. However, the rapid development of digital technology has created new challenges, particularly the emergence of electronic sexual violence, which has raised significant public concern. Although Law Number: 12 of 2022 regulates such crimes, judicial practice reveals sentencing disparities that undermine legal certainty and victim protection.Purposes of the Research: This study aims to analyze the causes of judicial sentencing disparities in cases of electronic sexual violence and examine their implications for law enforcement in Indonesia.Methods of the Research: The research employs a normative juridical method with a library research approach. Data were collected from primary legal materials such as statutory regulations, secondary legal materials including literature, doctrines, and previous studies, as well as tertiary legal materials such as legal dictionaries and encyclopedias.Findings of the Research: The findings indicate the existence of disparities in three court decisions that applied similar provisions but resulted in significantly different sentences. Factors contributing to these disparities include differences in judicial interpretation, the application of individualized sentencing principles, and non-juridical considerations. Such disparities have serious implications, including diminished legal certainty, reduced deterrence for offenders, weakened victim protection, and declining public trust in the judiciary. Therefore, the establishment of consistent, transparent, and victim-oriented sentencing guidelines is essential to ensure substantive justice in Indonesia’s criminal justice system.},
issn = {2775-619X}, pages = {442--445} doi = {10.47268/tatohi.v5i9.3410},
url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3410}
}
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Sentencing Disparities in Judicial Considerations of Electronic Sexual Violence Cases |
| 2. | Creator | Author's name, affiliation, country |
Mohamad Nazrin; Faculty of Law, Universitas Muhammadiyah Kalimantan Timur, Samarinda; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Bayu Prasetyo; Faculty of Law, Universitas Muhammadiyah Kalimantan Timur, Samarinda; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Elviandri Elviandri; Faculty of Law, Universitas Muhammadiyah Kalimantan Timur, Samarinda; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Sentencing Disparity; Electronic Sexual Violence; Judges; Legal Certainty; Victim Protection |
| 4. | Description | Abstract | Introduction: Indonesia, as a state governed by the rule of law, upholds equality before the law and the protection of human rights as fundamental principles. However, the rapid development of digital technology has created new challenges, particularly the emergence of electronic sexual violence, which has raised significant public concern. Although Law Number: 12 of 2022 regulates such crimes, judicial practice reveals sentencing disparities that undermine legal certainty and victim protection.Purposes of the Research: This study aims to analyze the causes of judicial sentencing disparities in cases of electronic sexual violence and examine their implications for law enforcement in Indonesia.Methods of the Research: The research employs a normative juridical method with a library research approach. Data were collected from primary legal materials such as statutory regulations, secondary legal materials including literature, doctrines, and previous studies, as well as tertiary legal materials such as legal dictionaries and encyclopedias.Findings of the Research: The findings indicate the existence of disparities in three court decisions that applied similar provisions but resulted in significantly different sentences. Factors contributing to these disparities include differences in judicial interpretation, the application of individualized sentencing principles, and non-juridical considerations. Such disparities have serious implications, including diminished legal certainty, reduced deterrence for offenders, weakened victim protection, and declining public trust in the judiciary. Therefore, the establishment of consistent, transparent, and victim-oriented sentencing guidelines is essential to ensure substantive justice in Indonesia’s criminal justice system. |
| 5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | |
| 7. | Date | (YYYY-MM-DD) | 2025-12-06 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/3410 |
| 10. | Identifier | Digital Object Identifier | 10.47268/tatohi.v5i9.3410 |
| 11. | Source | Title; vol., no. (year) | TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 9, November 2025 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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