ANALISIS YURIDIS TERHADAP PERTIMBANGAN HAKIM DALAM MENENTUKAN BERAT RINGANNYA PIDANA DALAM TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN KEMATIAN (STUDI KASUS PUTUSAN NOMOR 373/PID.B/2020/PN.PDG)

Abstract

The main problem in this study is how the judge's consideration in making a decision on
the criminal act of persecution that resulted in death in the decision
Number.373/Pid.B/2020/Pn.Pdg. The purpose of this thesis is first, to find out the suitability of
the judge's considerations which declared the defendant guilty of committing a criminal act of
persecution that resulted in death with the actions that the defendant did in the decision Number
373/Pid.B/2020/Pn.Pdg. Second, furthermore, to find out the suitability of the criminal
imposition by the judge in case Number. 373/Pid.B/2020/Pn.Pdg in terms of the purpose of
punishment.
This study uses a normative juridical approach, in this study focused on the study of legal
principles, especially on the principle of justice in Case Number 373/Pid.B/2020/Pn.Pdg. the
approach taken is to use descriptive qualitative analysis techniques, in data collection used the
method of literature review. The data sources used are primary and secondary legal materials.
The conclusions obtained from the results of the study are first, the judge's consideration
in the decision Number 373/Pid.B/2020/Pn.Pdg is not in accordance with the actions that the
defendant did. The judge did not consider the non-juridical aspects of the defendant, and the
elements in Article 8 paragraph (2) No 48 of 2009 concerning Judicial Power and the elements
of Article 48 and Article 49 of the Criminal Code, especially the element of self-defense, the
judge also did not consider the position of the accused at that time as a security guard who
carried out his duties. Second, the judge's decision (case study Number 373/Pid.B/2020/Pn.Pdg)
is not in accordance with the purpose of sentencing, the decision is contrary to the purpose of
sentencing, the defendant cannot be said to be a criminal and the defendant's actions cannot be
said to be a bad act. so that there is no reason or purpose of sentencing that can justify the
conviction of the defendant.
Keywords: Consideration- Judge- Heavy- Lightness-Criminal