ANALISA PUTUSAN HAKIM TERHADAP TINDAK PIDANA PENCURIAN DENGAN KEKERASAN

HERIO SUFIANTO, B20031059 (2023) ANALISA PUTUSAN HAKIM TERHADAP TINDAK PIDANA PENCURIAN DENGAN KEKERASAN. Tesis thesis, Universitas BATANGHARI Jambi.

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Abstract

Herio Sufianto / B20031059 / 2022 / ANALYSIS OF JUDGES' DECISIONS ON THE CRIME OF THEFT BY WEIGHTING (Case Study of Decision Number: 521/Pid.Sus/2021/Pn.Jmb)/ Prof. Dr. H. Abdul Bari Azed, SH.MH As Advisor I / Dr. Bunyamin Alamsyah, SH.MH As Advisor II. The Jambi District Court's decision with Case Number: 521/Pid.Sus/2021/Pn.Jmb determined that three male defendants had been proven to fulfill the elements of Article 365 paragraph (1) and (2), so a research was carried out in the form of a thesis which aims to understand and analyze the decision of the District Court judge in Case No. 521/Pid.Sus/2021/Pn.Jmb has fulfilled a sense of justice; Judge's Legal Considerations in deciding case No. 521/Pid.Sus/2021/Pn.Jmb is correct, and ideally the case 521/Pid.Sus/2021/Pn.Jmb from a justice perspective. The research method is empirical normative juridical. The results of the study obtained the District Court Judge's Decision in Case No. 521/Pid.Sus/2021/Pn.Jmb perspective of justice for the three defendants who were proven to have committed the crime of theft by weighting together with each being subject to a five-year prison sentence minus the detention period because they have disturbed security in society. Legal Considerations Judges in deciding case No. 521/Pid.Sus/2021/Pn.Jmb is based on juridical considerations, namely the legal facts contained in the trial, and non-juridical considerations in imposing criminal sanctions. And the factors behind the Judge's decision against the defendants are juridical, ideological and psychological factors originating from internal and external judges such as the attitude of the defendant during the trial, work background, actions committed for the first time, there is peace. Ideally, case No. 521/Pid.Sus/2021/Pn.Jmb according to the perspective of justice requires Judges to increase their accuracy in exploring, following and understanding legal values and a sense of justice that lives in society so that the verdict handed down in a judgment of justice fulfills a sense of justice based on considerations juridical and non-juridical considerations. Suggestions that are recommended The need for thoroughness and accuracy of judges in providing the basis for consideration of decisions as stipulated in the Criminal Code and laws and regulations are categorized as the same crime and Required judges who are not easily influenced, work according to the code of ethics of judges against criminal acts that are detrimental to dams, offend welfare and safety in society Keywords: Court Decision, Basis of Judge Consideration, Theft by Weighting, Justice

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