ANALISIS PERTIMBANGAN PUTUSAN HAKIM DI BAWAH TUNTUTAN PENUNTUT UMUM TERHADAP TINDAK PIDANA PROSTITUSI ONLINE (STUDI KASUS PUTUSAN NOMOR 365/PID.SUS/2018/PN.SMN)

Alifa Maulidya Hanas Wara, NIM.: 16340111 (2020) ANALISIS PERTIMBANGAN PUTUSAN HAKIM DI BAWAH TUNTUTAN PENUNTUT UMUM TERHADAP TINDAK PIDANA PROSTITUSI ONLINE (STUDI KASUS PUTUSAN NOMOR 365/PID.SUS/2018/PN.SMN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Judges are state justice officials who are authorized to receive, examine and decide cases. The task of the Judge is not only to consider the legal interests, but also to consider the sense of justice of the community so as to realize legal certainty and moral values. In the legal system in Indonesia, besides judges who try a case, there are several other officials who handle and try a case, such as the police as an investigator, and the prosecutor's office as a public prosecutor. In carrying out their duties, of course, justice enforcement officers encounter obstacles. In this case the Judge has an important role to decide the case, for the realization of the Republic of Indonesia State Law. This study aims to find out how the judge's judgment in imposing criminal sanctions is far below the demands of the Public Prosecutor based on decision number 365 / Pid.Sus / 2018 / PN.Smn. This type of research is library research (library research) with a normative juridical approach. The data analysis method used by the composer is descriptive analytic. Data was collected by the compiler with a literature study. The theory used by the compiler to analyze is the theory of judicial power, law enforcement theory, the basic theory of judges' consideration and the theory of justice. The results of the study explained that the Judges considered two categories, namely juridical and non-juridical considerations or what is often called sociological. Based on decision number 365 / Pid.Sus / 2018 / PN.Smn the judge in imposing sanctions on the defendant was in accordance with Law No.48 of 2009 concerning Judicial Power, and was in accordance with the value of justice and legal certainty.

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