DASAR PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PIDANA BERSYARAT (STUDI KASUS PUTUSAN 128/Pid.Sus/2015/PN.Sim)

Lingga, Alriani (2016) DASAR PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PIDANA BERSYARAT (STUDI KASUS PUTUSAN 128/Pid.Sus/2015/PN.Sim). S1 thesis, UAJY.

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Abstract

A process of criminal justice, it is not uncommon that a person who was convicted and sentenced by a court decision, but the person does not have to go to jail. This is what the Indonesian positive law known as the conditional criminal decisions. Criminal conditional sentencing is an institution, it is known through Constitution No. 8 of 1981 (the Code of Criminal Procedure). This also happens in the Court's Decision No. 128 / Pid.Sus / 2015 / PN.Sim, the convict parole to Tingkos Robin Rifai Situmorang. Issues raised in this paper is whether the verdict in the conditional convict, consider the customary judicial decision that has been handed down beforehand and whether consideration of the judge in the criminal verdict was pursuant to the conditional sentencing purposes. This study aims to identify and analyze the relationship between customary judicial decision on the conditional criminal decisions and to determine and analyze the relationship between the consideration of judges in imposing conditional criminal decisions with the purpose of punishment. This research was conducted in the District Court Simalungun. Data collection method used is literature study, which is conducted to obtain data from legal documents such as books, legislation, dictionaries law, mass media, and the internet on issues related to the research and interviews, with questions and answers against the sources that can provide information and necessary information. The process of reasoning in drawing conclusions using inductive thinking, which is based on the specific proposition and ends at a conclusion (new knowledge) of a general nature. The results showed that one of the considerations the judge ruled on the criminal conditional is the decision of traditional justice and the objectives of sentencing of criminal decisions conditional is restorative justice, namely the achievement of justice fairest especially for all those involved in it and not just forward of punishment

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