Judge's Consideration of the Defendant's Statement in Imposing a Conviction Judgment on Security Guards While On Duty

Abstract

In Article 184 Paragraph (1) of the Criminal Procedure Code (KUHAP), it is explained that the defendant's testimony in the trial is not sufficient to prove the defendant has been guilty of committing a criminal act without being supported by other evidence. There are various forms of judges' consideration of the defendant's information in passing a verdict of conviction by the Security Guard while serving in Decision Number: 372/Pid.B/2022/PN.Pdg and Judgment Number: 373/Pid.B/2022/PN.Pdg. The problem studied is First, How is the judge's consideration of the defendant's statement in passing the verdict of conviction by the security guard while on duty. (On Judgment Number: 372/Pid.B/2020/PN.Pdg and Number: 373/Pid.B/2020/PN.Pdg)? Secondly, How is the judge's decision based on the consideration of the defendant's testimony in sentencing by the security guard while on duty. (On Judgment Number: 372/Pid.B/2020/PN.Pdg and Number: 373/Pid.B/ 2020/PN.Pdg)? This research is an analytical descriptive study. The approach used in this study is a normative juridical approach. The data used in this study are secondary data. Against all the data and materials obtained from the results of the study are compiled and analyzed qualitatively, and presented in a qualitative descriptive form. Based on the results of the discussion and analysis can be concluded. First, that the judge's consideration of the defendant's testimony in passing judgment on conviction by the security guard while serving on the judgment number: 372/Pid.B/2020/PN.Pdg and Number: 373/Pid.B/2020/PN.Pdg has included juridical and non-juridical considerations. Secondly, that the judge's decision is based on consideration of the defendant's testimony in passing judgment on conviction by the security guard while serving on the judgment Number: 372/Pid.B/2020/PN.Pdg and Number: 373/Pid.B/2020/PN.Pdg is based on the evidence of the defendant's testimony and is adapted to other evidence such as witness statements and letters.