ANALYSIS OF COURT DECISIONS REGARDING THE CRIME OF SHIP PIRATION FROM AN ISLAMIC PERSPECTIVE (Study of Tanjung Karang District Court Decision Number 501/Pid.B/2021/PN Tjk)

Abstract

Fishermen are concerned about piracy of commodities and people aboard ships in Indonesian waters since it not only causes financial losses but also jeopardizes the lives of the victims. In addition to utilizing weapons to commit their crimes, the offenders intimidated and threatened the victims. The issues in this study are: What factors did the judges take into account while making decision 501/Pid.B/2021/PN Tjk dam? What are the legal ramifications of the Tanjung Karang District Court's 501/Pid.B/2021/PN Tjk judgment. This study strategy is known as normative juridical research. Normative legal research simply examines laws that are seen as principles or standards that apply in society and serve as a roadmap for each person's behavior. This normative juridical method is being used to assist scholars in their analysis of Tanjung Karang District Court Decision Number 501/Pid.B/2021/PN Tjk's Study of Court Decisions on Ship Piracy Crimes. The basis for the judge's legal considerations in imposing a prison sentence of 2 years and 7 months against the perpetrators of the crime of piracy against goods and people on fishing boats in Indonesian territorial waters in Decision Number: 501/Pid.B/2021/PN.Tjk consists of juridical considerations , sociological and philosophical. Juridically, the actions of the accused have been legally and convincingly proven to have violated Article 439 Paragraph (1) Jo. Article 55 Paragraph (1) 1st Criminal Code. Sociologically, the judge considers the aggravating and mitigating factors for the defendant as well as the events behind the criminal act. Philosophically, the judge considers that sentencing does not only aim to create a deterrent effect but as an effort to punish the accused.