ANALISIS TERHADAP DASAR PERTIMBANGAN HAKIM DALAM PENERAPAN ALASAN PEMAAF DAN ALASAN YANG MERINGANKAN HUKUMAN PADA PELAKU TINDAK PIDANA PENCURIAN DIMASA PANDEMI COVID-19 DI RIAU

Abstract

As a rule of law based on the values of Pancasila and the 1945 constitution of the Republic of
Indonesia, the birth of an independent and partial judiciary si one of the main pillars. Realizing the rule
of law in national and state life Law Number 48 of 2009 concerning judicial power states that judges
must explore, follow, and understand legal values and a sense of justice that lives in the community as
well as taking into the good and bad qualities of the defendant. The judge’s responsibility to find the law
and determine the law on a case that is resolved in connection with that, the judge’s consideration,
especially during the pandemic the judge is obligated to explore and see the condition of the defendant in
commiting a criminal act. Are required to be able to make decision by looking at the motives or reasons
of the perpetrator in commiting a crime so that judge based on his authority can use excuses and reson
that relieve must also try to make decisions that are in line with the prevention of covid-19.
This type of research is classified as juridical normative, namely research conducted by
examining secondary legal materials or research based on documented standard rules which is also
known as library research either through reading books of laws and regulations, materials and websites
on the internet, interviews and other reference sources related to this thesis material.
From the results of the research, there are three main things that can be concluded. First is the
judge’s consideration in every decision during the pandemic. The second is the judge’s consideration in
the form of forgiving reasons and mitigating reasons due to several factors such s the backbone of the
family, confessing his actions, daring not to repeat It again and thirdly, there is the judge’s consideration
of every decision issued by the judge’s, both within the defendant and the outside and the defendant. It is
also a consideration for the judge is that there is no transmission either in court or in prison and to
support policies issued by the government. Author suggestions, First, it is hope that judges as state
officials who carry out the judiciary must really know the right of the defendant as regulated in law,
second, judges in giving decisions must uphold a sense of justice in the midst of society, third, to the
government and the law enforces to pay attention to their rights. Community rights and fixing solutions
and legal problems faced by the parties as well as maintaining social order and public order.
Keywords: Judge’s Consideration, Forgiving Reasons, Mitigating Reasons