DASAR PERTIMBANGAN YANG MEMBERATKAN DANMERINGANKAN PUTUSAN PIDANA YANG DILAKUKAN OLEH HAKIM

Riyanto, Veronika Erika (2007) DASAR PERTIMBANGAN YANG MEMBERATKAN DANMERINGANKAN PUTUSAN PIDANA YANG DILAKUKAN OLEH HAKIM. S1 thesis, UAJY.

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Abstract

An action which could be stated as criminal action if that action was forced by the punishment based on the regulation of criminal code and the perpetrator could be punished if he has been proven as guilt and could take the responsibility of his guilty, and if the judge got the faith that the accusation or the sue is proven, and that the person is able to responsible on his guilty, thus the judge certainly will decide a punishment toward him. Before deciding someone in a conference in court is accused as guilt by conducting criminal action and from the result of investigation, thus the judge got the faith that the accusation or the sue is proven and that the person is able to responsible on his guilty, thus the judge certainly will decided a punishment toward him. Before deciding a punishment of jailing, the judge should consider some matters which are weighing against or lightening the punishment, either perceived from the type of the punishment, the low and the high level of punishment such as the minimum and the maximum of criminal action which is sued toward the defendant, and also it could be seen from the way of envorcing the punishment. To decide a punishment, the judge should consider whether the aspect could happen actually and the normative and juridical aspects. By considering the matters which is weighing and lightening to the punishment and to know the data in detail on the defendant and the crimes which has been conducted by him, and also firstly it shouldbe proven at least by 2 (two) verification materials which is valid, and the defendant is proven as guilty in conducting criminal action which is accused, thus the judge could decide the appropriate punishment, thus the punishment could be effective, appropriate and fair.

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