Juridical Analysis of Disparity in Case Costs Against Defendants Sentenced to Life Imprisonment

Abstract

This writing aims to understand and analyze the court costs of defendants who are sentenced to life imprisonment by the court. On the one hand, in the Criminal Procedure Code, defendants who are sentenced are obliged to pay a fine, whereas in Semester 1 of 2017, defendants who are sentenced to life imprisonment, Court fees are borne by the state. The writing of this legal thesis is entitled "Judicial Analysis of the Disparity in Charges of Case Fees for Defendants Sentenced to Life Imprisonment" which aims to find out the basis for the Judge's consideration of the disparity in Decisions between the first Decision at the Barabai District Court and the Appeal Decision at the Banjarmasin High Court, and to look for a formulation ideal for the imposition of court costs imposed by the Judge on the Defendant who was sentenced to life imprisonment. The approach method used in this research is the nomative juridical approach method. Nomative juridical, namely legal research that uses secondary data sources, is carried out by emphasizing and adhering to juridical aspects, normative legal research is library research, namely research on secondary data. Research problems are analyzed using punishment theory, legal system theory and justice theory. The results of the research show that the implementation of the imposition of court costs against defendants who are sentenced to life imprisonment must be in accordance with applicable legal norms and in accordance with justice for the defendant and society. So that the imposition of case costs imposed on the Defendant who is sentenced to life imprisonment is not detrimental and burdensome for the Defendant.