MENJERAT PELAKU PENYURUH PENGRUSAKAN BARANG MILIK ORANG LAIN DENGAN MEMPERTIMBANGKAN ASAS FUNGSI SOSIAL Kajian Putusan Nomor 267/Pid.B/2015/PN.Blg

Abstract

The verdict obtained by JES is Article 406 Paragraph (1) Jo Article 55 Paragraph (1) The 1 Criminal Code, Article 14 letter a of the Criminal Code is a trial decision to JES. Judge considerations put forward justice on the basis of the principle of social function. This is because JES did so to bring material across the victim area by unlawful means (vandalism) in the area of ​​land owned by the victim's witness. The formulation of the problem of this study is, how the judge consideration ensnare the perpetrator of destruction by considering the principle of soial function. The research of this scientific paper, the type of normative legal research, the problem approach is the case approach, which studies the application of norms or rules of law conducted in legal practice. The data used are secondary data, and use grammatical interpretation. From the research it can be seen that the judge is very consider the principle of social function, so this decision not only gives a deterrent effect to JES but also gives affirmation of justice for humanity. With the approach of the principle of social function it is expected that the judge in giving the decision must be neutral and see the facts submitted in the court with care and in its activeness in the trial the judge should accentuate his soul as law enforcement.