PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA BERSYARAT (STUDY PUTUSAN NO.81/PID.B/2016/PN.SLEMAN DAN PUTUSAN NO.336/PID.B/2017/PN.SLEMAN)

Desi Widya Wulandari, NIM.: 14340029 (2021) PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA BERSYARAT (STUDY PUTUSAN NO.81/PID.B/2016/PN.SLEMAN DAN PUTUSAN NO.336/PID.B/2017/PN.SLEMAN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Criminal is a sanction for an act that violates legal provisions. In KUHP BUKU 1, it is known that criminal sanctions are contained in Article 10 of the Criminal Code; principal criminal; death penalty, imprisonment, fines, imprisonment, cover, fines and additional penalties; revocation of certain rights, confiscation of certain items, and announcement of a judge's decision. Apart from Article 10 of the Criminal Code, there are other criminal witnesses listed in Articles 14a-14f, namely conditional / probationary crimes. Conditional punishment / probation is a system for the imposition of certain crimes (imprisonment, imprisonment, fines) where it is stipulated in the ruling that the sentence imposed does not need to be carried out with the imposition of certain conditions, and if the specified conditions are not obeyed or violated then the punishment is implemented. Conditional punishment is regulated in Articles 14a-14f of the Criminal Code. In these articles, it is determined how the conditions can be imposed with conditional punishment. Like other criminal sanctions, conditional punishment has the purpose of being punished in the imposition of it. This is what makes compilers interested in conducting research at the Sleman District Court with a juridical-empirical approach, namely a research that is studied by emphasizing findings on facts in the field which are then compiled as data obtained from the field in accordance with existing social realities. Based on the results of research at the Sleman District Court, the judge in imposing conditional punishment is in accordance with the provisions of Article 14a-14f of the Criminal Code and the principle of individualization which is implemented in the Criminal Code, this can be seen from the conditions for conditional punishment and judges' considerations that have been applied in 2 of the decisions of the Sleman District Court which the researchers used as samples in this study. The Judge of the Sleman District Court in the conditional punishment saw from a legal (juridical) and non-legal (non-juridical) perspective and the judge first examined the information in the examination as well as from the presence of both burdensome and mitigating elements. In the imposition of a conditional sentence, it is the judge's considerations that determine whether a conditional sentence can be imposed or not. Judging from the purpose of the punishment, conditional punishment at the Sleman District Court is for guidance not as retaliation. The purpose of punishment in its imposition is as guidance to the defendant, coaching here is guidance carried out outside the prison with the aim of the convicted person improving himself, not repeating the criminal act, without having to go to prison so that the convict can continue his life in society. The Sleman District Court judges handed down conditional sentences as an alternative to punishment.

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