ANALISIS PERTIMBANGAN HAKIM DALAM PUTUSAN PIDANA ANGGOTA POLRI SEBAGAI PELAKU PEMALSUAN DAN PENADAHAN MOBIL TANPA DOKUMEN YANG SAH DI WILAYAH HUKUM PENGADILAN NEGERI JAMBI (Studi Kasus Perkara No. 232/Pid.B/2016/PN.JMB)

DASEP NURDIN ANSORI, DASEP NURDIN ANSORI (2018) ANALISIS PERTIMBANGAN HAKIM DALAM PUTUSAN PIDANA ANGGOTA POLRI SEBAGAI PELAKU PEMALSUAN DAN PENADAHAN MOBIL TANPA DOKUMEN YANG SAH DI WILAYAH HUKUM PENGADILAN NEGERI JAMBI (Studi Kasus Perkara No. 232/Pid.B/2016/PN.JMB). Tesis thesis, Universitas Batanghari.

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Abstract

Members of the National Police carry out criminal acts such as counterfeiters and car pickers without valid documents as happened in the jurisdiction of the Jambi District Court with case No. 232 / Pid.B / 2016 / PN. JMB by the Jambi District Court judges with imprisonment of 4 (four) months and 15 (fifteen) days but in contrast with the same case carried out by ordinary citizens not members of the Police there are differences in criminal sanctions by the panel of judges as in the Jambi District Court this does not fulfill the sense of justice from the community's point of view. Based on the background of the problem described above, the formulation of the problem in this study, namely: 1) Is the decision of the District Court judge in Case No. 232 / Pid.B / 2016 / PN. JMB has fulfilled the sense of justice ?; Do Judicial Considerations in deciding case No. 232 / Pid.B / 2016 / PN. JMB is right? How ideally the case decision No. 232 / Pid.B / 2016 / PN. JMB according to the perspective of justice? This study uses an empirical normative juridical approach. The results of the study were obtained that: 1) Decision of District Court judge in Case No. 232 / Pid.B / 2016 / PN. JMB effective justice in the form of imprisonment of 4 months and 15 days is 2/3 of the prosecutor's claim in the form of 8 months imprisonment based on the Criminal Claims Guidelines for General Crime Case based on the Indonesian Attorney General Circular No. SE-013 / A / JA / 12/2011 was put into Category IV due to the more dominant things that alleviate but there are things that are burdensome, but this does not fulfill the sense of justice because AA is a member of the police who is one of the law enforcers in the first level. 2) Legal Considerations Judges in deciding case No. 232 / Pid.B / 2016 / PN. JMB is based on juridical considerations namely legal facts contained in the trial, and non-disciplinary considerations in imposing criminal sanctions. And the factors behind the decision of the Judge on the Police as a counterfeit and caretaker without legal documents in the Jambi District Court's jurisdiction are juridical, ideological and psychological factors originating from internal and external judges such as the attitude of the defendant during the trial, work background, the act done for the first time, the existence of peace. 3) Ideally the case decision No. 232 / Pid.B / 2016 / PN. JMB according to the perspective of justice requires the Judge to explore, follow and understand the legal values and sense of justice that lives in society to restore legal trust to law enforcement. Based on the results of the study, it is recommended: 1) It is expected that the judge in giving a decision on criminal sanctions, especially for members of the National Police who commit criminal acts, will be doubled compared to non-police officers due to the deterrent effect and public trust in the police as law enforcers; 2) Judges are expected to provide a basis for decision making to be meticulous, careful because in every case there are no similar crimes even though the category of crimes as regulated in the Criminal Code and legislation are categorized as the same crime. 3) It is expected that the judge in giving the decision not to be influenced by the third party and seeing the evidence and losses resulting from the crime committed by the criminal Keywords: Legal Considerations of Judges, Members of the National Police as Counterfeit and Providers of Cars without Legal Documents, Jambi District Court.

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