DINAMIKA PERTIMBANGAN HAKIM DALAM PERKARA KLITIH (STUDI PUTUSAN PENGADILAN NEGERI BANTUL TAHUN 2022-2024)

Siti Fatimah, S.H, NIM.: 23203011149 (2025) DINAMIKA PERTIMBANGAN HAKIM DALAM PERKARA KLITIH (STUDI PUTUSAN PENGADILAN NEGERI BANTUL TAHUN 2022-2024). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Klitih is a form of street crime that has become a serious issue in Yogyakarta, including in Bantul Regency. This phenomenon poses a challenge for law enforcement agencies, particularly the judiciary, in upholding fair and just laws. Several rulings by the Bantul District Court from 2022 to 2024 related to klitih reveal that the sentences imposed on seemingly similar cases are not always the same. In other words, judges may issue different rulings even though the types of criminal offenses are similar. This phenomenon is important to study in relation to the dynamics of judges' considerations in klitih cases at the Bantul District Court from 2022 to 2024, as well as from the perspective of the principles of Siyāsah Qadā’iyyah. This thesis aims to address how the dynamics of judicial reasoning manifest in rulings related to klitih cases at the Bantul District Court from 2022 to 2024, as well as how these dynamics are examined through the principles of Siyāsah Qadā’iyyah. This study uses a normative legal approach with qualitative methods. Data was obtained through document analysis of the decisions of the Bantul District Court from 2022 to 2024. Data was collected through primary and secondary literature documents. The theoretical framework used is the theory of judicial consideration with legal and non-legal considerations. The theory of punishment to understand the purpose and basis of criminal sanctions. Additionally, the theory of Siyāsah Qadā’iyyah was also used, which emphasizes the principles of justice (Al-‘Adl) and public interest (Al-Maṣlaḥah) as the basis for decision making. The results of the study indicate that judges' considerations in klitih cases are dynamic and inconsistent from one case to another. This dynamic is caused by two factors, namely legal factors and non-legal factors. Legal factors include the application of Article 335 paragraph (1) and Article 2 paragraph (1) of Emergency Law No. 12 of 1951 and the elements of proof in court. Non-legal factors include the defendant's remorse for their actions, the defendant's age, cooperative attitude, and the defendant's frank admission of their actions. Meanwhile, Siyāsah Qadā’iyyah, this dynamic is consistent with the principles of justice (Al-‘Adl) and public interest (Al-Maṣlaḥah) in Islamic law.

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