Disparitas Pidana Terhadap Kasus Tindak Pidana Perkosaan (Studi di Pengadilan Negeri Kabupaten Kediri)

In this thesis writing, the writer discuss about criminal disparity in rape case. It based on the amount of rape cases in Kediri Residence and the State of Court decision were various without any standard in rape case. \ud The research has statement of problems : 1. How the description of judge decision in State of Court Kediri for rape case, which creating criminal disparity ? 2. what the basic of Judge consideration in making decision to the rape case which creating criminal disparity at State of Court Kediri. \ud The research used socio-juridical approach, data collection was done by direct interview with the respondent / sample which came from judge population and direct observation at State of Court Kediri residence as primary data collection. Then the data was analyzed in descriptive way. \ud The research showed that along 2003 has happened 7 rape cases, 5 of them has disparity in its decision. The difference was caused by no minimum threat at 285 KUHP. There only maximum threat for 12 years prison, so the judge was given wide freedom in taking decision by rape consideration according to the section 184 KUHAP.\ud The conclusion showed that judge in making decision also paid attention to the result on the victim. Whether social or psychology, which influenced the judge in taking decision, beside elements inside section 184 KUHAP. \u