Analisis Perbedaan Hukuman terhadap Tindak Pidana Korupsi dan Tindak Pidana Pencurian Ditinjau dari Perspektif Kriminologi di Pengadilan Negeri Kota Kupang

Abstract

This study aims to analyze the differences in the application of criminal law to corruption and theft cases at the Kupang District Court from a criminological perspective, and to identify factors influencing sentencing disparities. The research employs a combination of normative and empirical legal methods with a qualitative approach. Data were collected through literature review, analysis of court decisions, and interviews with judges as key informants. The findings reveal significant differences in the application of criminal law between corruption and theft cases, particularly in terms of legal basis, prosecution process, and judicial considerations in sentencing. Corruption is categorized as an extraordinary crime due to its broad impact on state finances and public trust, resulting in more complex handling and additional sanctions. In contrast, theft is generally influenced by socio-economic factors and is handled through conventional legal approaches. Sentencing disparities are influenced by juridical, sociological, and criminological factors, including offender characteristics, the impact of the crime, and judicial considerations of justice. The study concludes that although the principle of equality before the law is upheld, sentencing practices still demonstrate disparities that require evaluation to achieve substantive justice.