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ANALISIS YURIDIS PENEGAKAN HUKUM PIDANA TERHADAP PERBUATAN YANG TERBUKTI MENGHALANG-HALANGI PROSES PERSIDANGAN (STUDI KASUS PUTUSAN PN NOMOR: 110/PID.B/2018/PN YYK)
The case in Yogyakarta District Court Decision Number 110/Pid.B/2018/PN Yyk shows that the act of selling an object that has been confiscated by the court as collateral in a civil case can be qualified as an act of obstruction of justice, which violates the provisions of Article 221 paragraph (1) number 1 of the Criminal Code. Through the enforcement of criminal law, the panel of judges considered that the defendant had consciously obstructed the judicial process by continuing to conduct transactions on land that had been confiscated, so he was sentenced to eight months imprisonment. The decision emphasizes the importance of compliance with the legal process and shows that criminal law can be used as an instrument to protect the integrity of civil justice, especially to ensure the effectiveness of the implementation of bail confiscation as part of the protection of the parties' civil rights. This type of research uses library research, with a juridical-normative approach. While the data analysis method used is descriptive-analytic. The method of collecting and compiling data uses the literature study method. The results showed that in Decision Number 110/Pid.B/2018/PN Yyk, the panel of judges had applied a balanced juridical and sociological approach in enforcing criminal law against obstruction of justice. The juridical approach is carried out by proving the elements of the offense based on Article 231 paragraph (1) of the Criminal Code in conjunction with Article 55 paragraph (1) to 1 of the Criminal Code, while the sociological approach pays attention to the social and psychological impact on victims and the importance of maintaining the authority of the judiciary. In addition, the court has also reflected the three principles of legal justice according to Gustav Radbruch, namely justice, legal certainty, and expediency. Although the criminal sanction imposed has been criticized because it is considered not proportional to the value of the loss, this decision still shows a concrete effort to realize a legal system that is fair, certain, and beneficial to society at large.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS YURIDIS PENEGAKAN HUKUM PIDANA TERHADAP PERBUATAN YANG TERBUKTI MENGHALANG-HALANGI PROSES PERSIDANGAN (STUDI KASUS PUTUSAN PN NOMOR: 110/PID.B/2018/PN YYK) (Text)
ANALISIS YURIDIS PENEGAKAN HUKUM PIDANA TERHADAP PERBUATAN YANG TERBUKTI MENGHALANG-HALANGI PROSES PERSIDANGAN (STUDI KASUS PUTUSAN PN NOMOR: 110/PID.B/2018/PN YYK) (Other)
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