KONTRUKSI PERKARA PERUSAKAN FASILITAS PT. WIKARYA SAKTI PADA PROSES PERSIDANGAN DI PENGADILAN NEGERI JAMBI DIKAITKAN DENGAN TUJUAN KEBENARAN MATERIL

Abstract

District Court Decision Number 708/Pid.B/2019/PN.Jmb is one of the cases of national
concerm. Agrarian conflicts that occur between corporations and civil society often lead to the
bringing of the case into criminal justice institutions. Prolonged conflicts cannot be resolved by
the government local area so that the conflict leads to a criminal incident, the agrarian conflict
which is the root of the problem is forgotten and civil society is considered as an actor of the
criminal event of the Panel of Judges, in assessing the criminal event is seems as if they do not
see the causes of the criminal incident, because The decisions made sometimes omit an
important segment of the emergence of a criminal incident.
The purpose of this study is how to apply the law and material truth in the construction
of cases of destruction of facilities and to find out the legal constructions of judges in deciding
cases of damage to facilities at the Jambi District Court. The research method used in this
thesis uses normative legal research, namely legal research that examines regulations.
Legislation and legal priciples I this normative research, the author conducted research on
several court legal materials.
From the results of this research, it can be conclude that the Judge’s Decision is a
statement by the judges as a state official who is given the authority to do so, in the from of a
criminal decision if the perpetrator’s actions are proven legally and convincingly guilty in an
effort to make decisions and impose criminal sanctions, of the course the judge has
considerations- considerations consisting of juridical considerations, including the indictment
of the Public Prosecutor, the demands of the Public Prosecutor, witness statement, testimony of
the defendant, and sociological considerations covering the background of the defendant’s
actions, the consequences of the defendant’s actions and the condition of the defendant at the
time of committing the act. Analyzing the judges’ considerations in this case, according to the
author, the judge’s consideartions or judgments in this case are not objective because they are
not based on facts revealed at trial. And the judge has violated the mandate of article 5
paragraph (1) Law number 48 of 2009 concerning Judicial Power which states that judges are
obliged to explore, follow, and understand legal values and a sence of justice.
Keywords : Legal Constructions of Judges, Applications of Law and Material Truth.