THE REQUISITORY OF PUBLIC PROSECUTOR AND THE AUTHORITARIAN PERSONALITY OF JUDGE ON SENTENCING PROCESSES IN INDONESIA
 
Probowati, Y. and Mawardi, A., Surabaya University, Indonesia
 
One of the issues on sentencing is disparity. Disparity is defined as disparate sentencing towards relatively the same legal cases. The research aimes to identify rationales of occurrence of disparity when judges are sentencing in the criminal act, criminal responsibility, and penalty stages. In the stages of the criminal act and criminal responsibility, this study will investigate psychological decision making processes of judges. In the penalty stages this study identify effects of the requisitory of public prosecutor and the authoritarian personality of judge on sentencing. This research utilized two methods. They were the qualitative and quantitative methods. The qualitative methods was used to identify sentencing processes of judges in the stages of the criminal act and criminal responsibility. Decision making processes of judges in the stages would be examined qualitatively according to the theory of narration developed by Pennington and Hastie. The quantitative method was utilized to identify effects of the requisitory of public prosecutor and the authoritarian personality of judge. Independent variables of quantitative research were the requisitory of public prosecutor, which was classified as high and low requisitories, and without requisitory, and the authoritarian personality of judge, was divided into high, middle,and low. The dependent variable was sentencing. Subject of this research were ninety judges and candidates of judges in the provinces of special region Yogyakarta and Central java. This research was a quasi experimental research. Subjects were divided into nine groups. The treatment given to the groups of high, middle, and low authoritarian were cases with low and high requisitory, and without requisitory. Data analysis was conducted using two ways analysis of variance. Data were processed utilizing SPSS program for windows simple factorial ANOVA. Result from the qualitative analysis showed that 1) disparity had occurred when the judge sentence in the stages of criminal act and ctiminal responsibility, 2) subjects had no standard in sentencing processes in the stage of criminal act and criminal responsibility, 3) sentencing in the stages of criminal act and criminal responsibility were strongly related to the teory of psychology. Findings on the quantitative analysis show that 1) there was an effect of the requisitory of public requisitor on sentencing, 2) there was an effect of the authoritarian personality on sentencinf, 3) there was no interaction effect between the requisitory of public prosecutor with the authoritarian personality of judge on disparity of sentencing, 4) the judge with high authoritarian personality would sentence the severest when deal with cases with high requisitory, 5) the judge with low authoritarian personality will sentence the lowest when deal with cases with low requsitory, 6) there was no difference of sentencing among thejudge with middle authoritarian personality when deal with high and low requisitoryes, and case without requisitory