PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PIDANA TERHADAP PELAKU PERCOBAAN PERKOSAAN (Studi Putusan Nomor 21/Pid.B/2018/PN.Smn)

RURUK, STEVEN TONGLO (2019) PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PIDANA TERHADAP PELAKU PERCOBAAN PERKOSAAN (Studi Putusan Nomor 21/Pid.B/2018/PN.Smn). S1 thesis, UAJY.

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Abstract

Crimes in criminal law are criminal acts which are acts which are prohibited by criminal law and accompanied by criminal sanctions for violating them. Criminal acts always lead to the nature of actions that are prohibited by the rule of law and criminal responsibility towards those who violate and can be punished. The problem examined in this study is what the judge considers in imposing a criminal decision on the perpetrator of the crime of attempted rape in Decision Number 21/Pid.B/ 2018/PN.Smn. The purpose of this study was to find out what the judge's consideration in imposing a criminal decision on the perpetrator of the crime of attempted rape in Decision Number 21/ Pid.B/2018/PN Smn. The location of the study was conducted at the Sleman District Court. The researcher uses "qualitative" analysis which is the data obtained based on the results of interviews. The results of the research show the judge's consideration in imposing a criminal ruling on the perpetrator of the rape trial in decision number 21/Pid.B/2018/PN Smn. The Panel of Judges considers juridical and non-juridical factors. Juridical factors are based on the Public Prosecutor's indictment, Public Prosecutor's Claim, Defense of the Defendant's Legal Counsel, witness testimony, expert testimony, as well as elements of criminal acts that can be proven in court. While the nonjuridical factor is a burdensome situation and circumstances that alleviate the defendant.

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