PERTIMBANGAN HUKUM PUTUSAN HAKIM YANG LEBIH RINGAN
DARI TUNTUTAN PENUNTUT UMUM
(Studi di Pengadilan Negeri Bale Bandung)
The practice of criminal justice in Indonesia often ruled lighter punishment than the demands of the public prosecutor and the most often heard is often a court ruled that a criminal light, lighter than the prosecutor’s demand despite some damning reasons. But of course the opinion of the majority of society is not entirely true. A judge must be able to follow and appreciate the change in the value of public relations. Through good interpretation, the judge will give you a sense of justice for those seeking justice.
The purpose of this study was to determine what the basic legal considerations judge in deciding a case resulting in a verdict that is lighter than the demands of the public prosecutor and determine the factors that led to the decision of the judges tend to be lighter than the prosecutor’s demand.
The results showed that the basic consideration of the judge is to consider the aggravating and mitigating matters defendant. In addition, the judge’s conviction and the evidence at trial also has an important role. Criminal motive and criminal life can also be a consideration or a factor that aggravate or alleviate his sentence. According to this study, most of the judge’s ruling does tend to be lighter than the demands of the public prosecutor. But that is not to be paramount done by judges, because judges themselves have their own standards so why cut, as well as the public prosecutor.
Keyword: judicial practice, the basic legal considerations, beliefs, evidence
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