Pertimbangan Hakim Dalam Putusan Putri Candrawati

Putra, Kurnia Adi and , Marisa Kurnianingsih, S.H., M.H., M.Kn (2023) Pertimbangan Hakim Dalam Putusan Putri Candrawati. Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

In solving the problem of criminal acts in Indonesia which have been regulated in the Criminal Code (KUHP) which has been determined by the State, which is in accordance with the provisions of the 1945 Constitution of the Republic of Indonesia that the Unitary State of the Republic of Indonesia is a State of law, which has been explained in Article 1 paragraph (3) of the 1945 Constitution. 1 Basically, the nature of criminal law in Indonesia is now known, together with humans who are beginning to know the law, the existence of regulations, and the existence of actions that are disliked by society is the beginning of the birth of criminal law in society. in question. 2 In this action the crime will eventually lead to violations of individual rights or collective rights which, if not addressed, have the potential to lead to other crimes. Decision of the South Jakarta District Court no. 797/Pid.B/2022/PN.Jkt.Sel. who decided on Putri's case, in this case the defendant was detained by investigators from 05 December 2021 to 24 December, then the extension of the public prosecutor from 25 December 2021 to 02 February 2022, Extension of KPN from 03 February to 03 March 2022, until it reaches the Public Prosecutor: from February 24 to March 14, 2022. the said punishment may not go beyond a fair retribution. In accordance with the legal system in Indonesia, which is basically a sentence imposed solely and not in the nature of retaliation as described by the retributive theory, which is a type of absolute/retaliation theory which views that punishment must be according to guilt and punishment is something that must exist as a consequence. crime so that the wrong person must be punished,39 but also oriented towards aspects and dimensions of rehabilitation or recovery and use for the perpetrators of criminal acts. According to the author, the legal considerations handed down by the panel of judges at the South Jakarta District Court in the criminal case Number: 61/PID.B/2022/PN.Pwr, are proven legal facts along with evidence obtained from examinations at trial. The evidence submitted is the witness statement, the defendant's statement and evidence. The sentence imposed on the defendant was not in accordance with the provisions regulated and applied by society.

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	Judge's considerations, decision, Putri Candrawati.
Subjects:	K Law K Law > KI Indonesia Law > KN Hukum Pidana
Divisions:	Fakultas Hukum > Hukum
Depositing User:	KURNIA ADI PUTRA
Date Deposited:	25 Apr 2024 00:50
Last Modified:	25 Apr 2024 00:50
URI:	http://eprints.ums.ac.id/id/eprint/122731

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