PENERAPAN NILAI-NILAI HUKUM ISLAM PADA PROSES PEMERIKSAAN TERDAKWA GUNA MENGATASI PROBLEMATIKA DISPARITAS PUTUSAN HAKIM DALAM MEWUJUDKAN KEADILAN HUKUM.

Abstrak

In normal conditions, the disparity in judges' decisions is very possible. Juridically the legislation provides opportunities for example by including a minimum sanction so that the judge can determine the length of criminal sanctions given. On the implementation side, the judge is given the opportunity to give different sanctions for the same case by emphasizing the facts in court, so that the judge must look at the facts as a consideration of the burdensome and mitigating decision, but in criminal law enforcement, especially in the case of the defendant's examination in court corruption acts sometimes cause fundamental problems, especially the problems of justice that are felt by the community. The problem is not just a phenomenon that is felt by the Indonesian people but also felt by the world community, the negative stigma of society towards law enforcement officials in Indonesia today is a situation that is very sad for all parties. Law in Indonesia seems to have reached its nadir, has received tremendous attention, both domestically and internationally. The law enforcement process is often seen as discriminatory, inconsistent and prioritizes the interests of certain groups". If law enforcement is carried out in a discriminatory manner, inconsistency and prioritizing the interests of certain groups, then this is a driving factor for the destruction of law enforcement in Indonesia, which means that it can also be a major destroyer of the rule of law which requires justice for all without exception. Law enforcement is a very important pillar in law enforcement, even sometimes used as a reference or example for compliance with the law. Facing the problem of disparity, it is necessary to have divine knowledge, in which there are values ??of Islamic law which in principle want equality before the law for each individual, the principle of objectivity, the principle of non-favoritism, the principle of impartiality.