ANALISIS PUTUSAN HAKIM TERHADAP KASUS TINDAK PIDANA PEMERASAN (STUDI KASUS PUTUSAN NOMOR 284/PID.B/2020/PN YYK)

Rathma Rintarti, NIM.: 17103040141 (2022) ANALISIS PUTUSAN HAKIM TERHADAP KASUS TINDAK PIDANA PEMERASAN (STUDI KASUS PUTUSAN NOMOR 284/PID.B/2020/PN YYK). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The judge's decision is the end of the criminal trial process for the examination stage of a criminal case. This judge's decision is only valid and has legal force if it is pronounced in a trial which is open to the public and must be signed by the judge and the clerk immediately after the verdict is pronounced. The verdict on the criminal act of extortion number 284/Pid.B/2020/PN Yyk, stated that the defendant was legally and convincingly proven guilty of committing the crime of theft with violence, therefore the defendant was sentenced to imprisonment for 1 (one) year 6 ( six months. The problems that will be answered in this study are how the judge's basic considerations in making a decision, and whether the decision has fulfilled the aspects of certainty, justice, and expediency. This research is included in normative legal research with a normative juridical approach. This type of research emphasizes the search for true and accurate facts about an event that will become the object of research. The research conducted by the author is descriptive analytic. In the method of data collection, the author uses the method of literature study and interviews. Based on the research conducted, it can be concluded that the judge's basic considerations in deciding case number 284/Pid.B/2020/PN Yyk are the prosecutor's indictment, witness statements, defendant's testimony, and aggravating and mitigating matters. Judges in making decisions must fulfill aspects of legal certainty, justice, and expediency in order to be able to create the desired law enforcement. Aspects of legal certainty are divided into two, namely formal aspects and material aspects. The formal aspect contains the procedural requirements that must be met in the decision regulated in article 197 paragraph (1) of the Criminal Procedure Code, where the procedural requirements have been fulfilled in decision number 284/Pid.B/2020/PN Yyk. While the material aspect includes proving the elements in a rule concerning criminal law (KUHP), where the legal basis used by judges is Article 368 paragraph (1) of the Criminal Code which regulates the crime of extortion. The elements of the criminal act of extortion have been fulfilled, but there are several acts of the defendant which are included in the indications of weighting as regulated in Article 368 paragraph (2) of the Criminal Code, so that the more appropriate legal basis to use is Article 368 paragraph (2) of the Criminal Code. Based on the aspect of justice, the prison sentence of 1 (one) year 6 (six) months does not fulfill the sense of justice for the victim and the community. The sentence is much lighter than the maximum threat regulated in the legal basis used by the judge, namely a prison sentence of 9 (nine) years. A sentence that is too light does not have a deterrent effect on the defendant and does not rule out the possibility that the defendant will repeat the crime in the future. Finally, according to the aspect of expediency, the judge's decision does not fulfill the aspect of benefit to the community and victims. The theory of balance in imposing the judge's decision is not appropriate, because the benefits given to various parties in this decision are not balanced.

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