Juridical Considerations Research Articles

Case Study of Supreme Court Decision Number 418 K / Pid / 2016 Against Criminal Perpetrators Participating in Making Fake Letters

The problem that arises with medepleger in the crime of document forgery is that its application is not explicitly regulated in the Criminal Code regarding its punishment. Then a gap emerged between das sollen (the Criminal Code does not explicitly regulate the criminal offense of participating in making fake letters) and das sein (many people who commit crimes taking part in making fake letters), as in Supreme Court Decision Number 418 K/Pid /2016. This research aims to determine the regulation of the criminal act of forgery of letters in the Criminal Code and to determine the imposition of criminal sanctions against perpetrators of criminal acts who participate in the continuous production of fake letters. This research is a type of normative juridical research, with a statutory approach and a case approach. Research data relies on primary data in the form of statutory regulations and binding decisions and secondary data, namely library sources. As for the research results: the legal arrangements for inclusion in the Criminal Code are regulated in 55 paragraph 1 of the Criminal Code. Regulations for the act of falsifying letters are regulated in Chapter Overall, what is at the core of all forms of criminal acts of letter forgery are making fake letters, falsifying letters and using fake letters or forged letters. what is formulated in the Articles on falsification of letters is the action on the object or form of the letter. The imposition of criminal sanctions against perpetrators of criminal acts who participated in making fake letters which is carried out continuously in the Supreme Court Decision Number 418K / PID / 2016 is based on legal facts, whether through witness statements, defendant statements, or evidence, mitigating and aggravating matters. the defendant and based on juridical considerations. In this case the defendant committed the act by means of participation. With the fulfillment of the elements in article 263 paragraph 2 of the Criminal Code jo. Article 55 paragraph 1 of the Criminal Code means that the criminal act charged is legally and convincingly proven according to the law.

Juridical Review of Delik Culpa on Traffic Accident Cases

This study aims to determine the application of material criminal law to the crime of traffic negligence that results in the loss of life of another person in decision Number 142/Pid.Sus/2020./PN Jap and to find out the legal considerations by the panel of judges in imposing a penalty in the form of a penalty for the crime of traffic negligence that causes casualties Number 142/Pid.Sus/2020./PN Jap. This research was carried out by collecting data through literature research. In the study, it was found that, in decision number 142/Pid.Sus/2020./PN Jap, the indictment prepared by the Public Prosecutor had met the formal and material requirements. In his demand, the Public Prosecutor demanded that the defendant be guilty of committing the crime of traffic negligence Article 310 paragraphs (4), (3), and (2) No. 22 of 2009 concerning Road Traffic and Transportation by the first indictment, based on the legal facts, both witness statements and the defendant's statements as well as the elements contained in the indictment are considered to have been proven by the Public Prosecutor so that the acts and the elements of the article match each other. The Judge's consideration in Applying criminal provisions against the perpetrators, in this case, is appropriate where the judge has considered both juridical considerations, trial facts, witness statements, existing evidence, judge's beliefs, and support matters. Based on the facts at the trial, the Panel of Judges considered that the defendant could be held responsible for the acts committed with the consideration that the defendant had been legally proven which resulted in the death of another person so the defendant was sentenced to a commensurate sentence.

CRIMINAL LIABILITY AGAINST THE CRIMINAL ACTION OF MOTOR VEHICLE THEft (STUDY OF DECISION NO. 239/PID.B/2021/PN.KBU)

Criminal liability regarding the Crime of Motor Vehicle Theft that this crime was committed by 2 people in which the defendant's actions were regulated and also threatened in Article 365 paragraph (2) of the 2nd Criminal Code. However, in this case there are still many people who commit the crime of motor vehicle theft in various ways even though the government has issued such regulations or legislation. As will be examined in this article, namely how is the criminal responsibility of the perpetrators against the perpetrators of the crime of motor vehicle theft in Decision No. 239/Pid.B/2021/PN.KBU? What is the basis for the judge's consideration in deciding the case against the perpetrators of the crime of motor vehicle theft in Decision No. 239/Pid.B/2021/PN.KBU? The author in this study used empirical juridical research methods and normative juridical research. In empirical research, the author conducts interviews with related sources and in normative research, including literature, legislation, legal theory, and also judges' decisions. Also, empirical legal research includes legal identification, legal effectiveness, and law implementation. From the results of the research, criminal liability against the perpetrator is a criminal act that is proven guilty and convinces the judge to convict the defendant with a criminal act of motor vehicle theft as regulated in Article 365 paragraph (2) of the 2nd Criminal Code, and the defendant fulfills the element of criminal responsibility. And the basis for the judge's consideration is to consider 2 (two) considerations, namely juridical considerations and non-juridical considerations. Based on this, the punishment should be adjusted to the threats that have been stipulated in the applicable legislation, and the judge should also pay attention to the impact of this crime even though in this case it did not take any lives but must be punished according to the regulations in order to provide a deterrent effect and reduce the level of crime. his crime.

Analysis of Regional Spatial Regulation Policies Pesawaran District

Objective: Formulate philosophical, sociological, juridical considerations or foundations for the formation of draft laws or draft regional regulations related to regional spatial planning. Methodology: Formulate the objectives to be realized, the scope of regulation, the reach, and direction of regulation in the draft Regional Regulation researchers use a type of descriptive – qualitative research. Results: The 2031 land change prediction shows that the largest projected land use change is dryland agriculture at 21830 ha (17.2%). This prediction is made following historical patterns that have occurred between 2016, 2019 and 2022. The prediction of land use change in 2022-2031 in Pesawaran District shows that wetland agriculture will decrease by 17.91%. This is due to improved infrastructure in rice field land use areas, this reduction is also caused by an increase in population growth that occurs in Pesawaran Regency. Conclusion: Strategic policies that can be carried out are increasing the fulfillment of green open space (RTH), developing habitable residential areas; preserving production forest areas to maintain ecosystem balance; developing community plantation areas to improve community welfare; optimization of space utilization in accordance with its designation.

Judicial Analysis of Violent Crimes (Barelang Police Case Study)

Article 28D paragraph (1) of the Third Amendment to the 1945 Constitution of the Republic of Indonesia affirms that every individual has the right to be recognized, assured protection, and obtain fair legal certainty, as well as equal treatment before the law. The normative juridical research method is descriptive-analytical, conducted by examining literature, legislation, and utilizing legal enforcement theory, Criminal Theory, and Islamic Justice Theory as the issues examined. The research aims to analyze the legal aspects of the implementation of the crime of Robbery with Violence in the verdict number: 344/Pid.B/2019/PN Btm. With the formulation of the problems: How is the legal analysis of the application of the crime of robbery with violence in the criminal case verdict Number: 344/Pid.B/2019/PN Btm, What are the judge's considerations in delivering a verdict on the Crime of Robbery with Violence in the Criminal Case Number: 344/Pid.B/2019/PN Btm. The research findings and discussion indicate that The legal analysis of the application of the crime of Robbery with Violence in the criminal case verdict Number: 344/Pid.B/2019/PN Btm under Article 365 paragraph (1) of the Criminal Code (KUHP) on robbery with violence resulted in a sentence of one year and two months imprisonment with a fine of five thousand rupiahs, which the imposed penalty by the panel of judges was considered too lenient. The maximum criminal penalty under Article 365 of the Criminal Code is nine years. The judge's considerations in delivering a verdict on the Crime of Robbery with Violence involve juridical considerations, where the defendant's actions are proven convincingly and meet all elements in Article 365 paragraph (1) of the Criminal Code. Non-juridical considerations include the absence of factors that could eliminate criminal liability, either as justifying or mitigating factors, thereby holding the defendant accountable for their actions.

Penerapan Ajaran Pembelaan Terpaksa Dalam Perkara Putusan Nomor 372/ Pid.B / 2020 /PN Pdg

Introduction: The forced defense is a reason for eliminating the nature of breaking the law (wederrechtelijkheid or onrechtmatigheid), so the reason for eliminating the nature of a criminal act (strafuitsluitings-grond) is also said to be the reason for justifying or justifying actions that are generally criminal acts (rechtvaardigings-grond) called fait justi ficatief.Purposes of the Research: The purpose of this study is to analyze and explain the qualifications of forced defense in a criminal case, examine and explain the basic legal considerations in Decision Number 372/Pid.B/2020/PNPdg. The type of research used is normative juridical with qualitative analysis methods. The problem approach used is the conceptual approach, statutory approach and case approach. Sources of legal materials consist of primary, secondary and tertiary legal materials.Results of the Research: The results of the study show that in principle the Criminal Code indirectly provides an overview of forced defense that what is meant by forced defense is a defense of rights against injustice where a person is forced to commit a crime, can be forgiven because there was a violation of law that preceded the act. In making his decision, the judge has considerations consisting of juridical considerations and sociological considerations. Juridical considerations are judges' considerations that are based on juridical facts revealed in court and in the law that have been stipulated as matters that must be included in the decision. Sociological considerations are a judge's considerations that use approaches to background, socio-economic conditions and values that exist in society in making a decision.

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)

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.

Pertimbangan Hakim Pengadilan Negeri Kupang Kelas I A dalam Menjatuhkan Pidana Kepada Anak yang Melakukan Tindak Pidana Pencurian Sepeda Motor

This research examines the considerations of judges at the Kupang District Court Class 1A in sentencing children who commit the crime of motorbike theft. The purpose of this research is to find out the consideration of the Kupang District Court Class 1A judge's decision to impose a crime on a child who stole a motorbike. The research method used is descriptive and normative. The results and discussion show that the judge's considerations in imposing a crime on a child include: (1) Juridical considerations, these considerations are the most essential considerations for the Panel of Judges in proving the defendant's actions. (2) Non-juridical considerations, these considerations are considerations regarding the child's motivation for committing theft, the consequences of the child's actions, the child's personal condition, and the aggravating and mitigating circumstances of the child. (3) Consideration of recommendations from the Center for Corrections, this consideration is a very important consideration and influences the criminal decision that will be handed down to the child. (4) Consider the opinion of parents/guardians, this consideration is a consideration that does not have much influence on the criminal decision that will be handed down.
 Keywords: Criminal Children, Judge's Consideration, Crime of Theft

TINJAUAN HUKUM PENJATUHAN PUTUSAN PIDANA TERHADAP PELAKU TINDAK PIDANA JUDI ONLINE

This study analyzes the considerations by judges in imposing criminal decisions on perpetrators of online gambling crimes in Decision Number 111/Pid.B/2022/Pn Bkt. This research uses normative law research. Data analysis is used by interpreting the data and presenting it in sentences to answer problems in subsequent chapters. The results of this study are: 1) The panel of judges in deciding the considerations in the decision considers more juridical considerations that look at the defendant's background and life further. The judge should be able to give a more severe deterrent effect to the defendant, remembering the defendant is not just a number taker on gambling games online but acting as a bookie. 2) In imposing a criminal verdict, the public prosecutor and the Panel of Judges should also use the law on electronic transactions and information, considering that the defendant's case is online gambling, accessed using the network.

Pertimbangan Hakim dalam Menetapkan Dispensasi Nikah bagi Anak di Bawah Umur di Pengadilan Agama Bangko

The age limit determined by the Marriage Law (Article 7 paragraph (1) No. 16 of 2019) is 19 years for men and 19 years for women. Those who wish to marry according to the provisions of the Law must apply for dispensation to the Religious Court. The aim of this research is to determine the judge's considerations in determining marriage dispensation for minors. As well as the factors behind the request for dispensation from marriage for minors. This research method uses a qualitative method which is more specific to field research, namely research whose object is the judge's considerations in determining marriage dispensations. The results of the research show that the judge's considerations in determining the dispensation for child marriage at the Bangko Religious Court, namely, Considerations Based on Nas, Considerations Based on Fiqh Rules, Juridical Considerations (UU), Sociological Considerations, Considerations Based on Ijtihad and Judge's Analysis. The Bangko Religious Court accepts requests for dispensation for the marriage of children who have not reached the specified age for several reasons, including cases of pregnancy outside of marriage, lack of education regarding religion, financial problems, the impact of information channels or social communication facilities, fear of slander, and changes in laws regarding marriage age. In many cases, judges grant this dispensation as a precaution against the possibility of greater harm.

Tindak Pidana Pencurian Dengan Kekerasan

Violent theft is indeed a crime that makes society restless. The person who committed the crime was indeed from the element of coercion against him. The person dares to do so because of the weak economy and always expects a wealth that takes from someone else's. As will be discussed in this journal regarding cases of violent criminal acts decision number 1475 / Pid.B / 2023 / PN Mdn. This study contains its object regarding the crime of theft with violence, using a juridical-normative type of legal research, meaning that the legal research studied only uses secondary data or library materials. The problem that the author wants to study is how the stages of implementing the case process of decision number 1475/pid.b/2023/pn/mdn based on the criminal procedure law and what are the factors that cause a person's desire to commit theft. Thus, the defendant was sentenced to imprisonment for 3 years and was required to pay a case fee of Rp 5,000. The judge's judgment in sentencing is based on juridical and non-juridical considerations. Juridical considerations involve valid and convincing evidence showing that the accused clearly fulfilled all elements of the crime of violent theft as stipulated in article 365 paragraph (2) 2e of the Penal Code. Meanwhile, non-juridical considerations involve social values and judgments on the character of the accused, as well as factors that may aggravate or mitigate the sentence to be imposed by the judge.

Tindak Pidana Penyerobotan Tanah

This study aims to find out: what are the material elements of land grabbing that can be punished, and what are the judges'juridical considerations of criminal acts of land grabbing. Normative Juridical Research Research. Legal research is conducted to find solutions to legal issues that arise, primary data and secondary data are analyzed descriptively. This research is directed to be able to study and analyze whether land grabbing can be criminalized or not, analyze and explain the application of criminal law to criminal acts of land grabbing. The results showed that the judge who examined and tried the case with register number 225/Pid.B/2015/PN.Kla stated that the defendant was proven to have committed the act as charged by the first and second charges, but the panel of judges decided to release the defendant from all charges. law because the actions committed by the defendant are not a crime (onslag van recht vervolging). The Judge considered that the indictment submitted by the Public Prosecutor at the trial was in accordance with the actions of the defendant, but based on the results of the trial facts the Panel of Judges who examined and tried the case with register number 225/Pid.B/2015/PN.Kla did not find any action crime from the defendant's actions during the evidentiary process.

Higher Education and Sexual Violence: Affirming the Rights of Victims in Indonesian Legal System

Sexual Violence Crimes are all acts that meet the elements of a criminal act as regulated in this Law and other acts of sexual violence as regulated in the Law as long as it is stipulated in this Law. Sexual violence is one of the crimes of sexual violence that often occurs in Indonesian society and even in the world. Sexual violence does not only occur in the public sphere but often occurs in the family sphere. Where family and home should be the safest shelter, but the bad things actually come from home and family. The purpose of this study is to analyze how the victimization study of the protection for victims of sexual violence that often occurs. From the victim herself, the lack of courage to tell about the sexual violence that has been experienced is one of the obstacles to proceeding the case to the authorities. The feeling of not being brave is also influenced by the community's thinking that victims of sexual violence are a disgrace. In juridical considerations, the judge looks for criminal elements and then looks at the facts at trial, how the victim decides what will happen to the victim and the perpetrator. Psychological trauma to the victim must also be healed even if he is a long-term worker with the help of psychologists and psychiatrists.

Pertimbangan Hakim dalam Memutus Perkara Tindak Pidana Kekerasan Dalam Rumah Tangga

This study aims to find out and understand the judge's considerations, which is one aspect that is crucial in determining the realization of the value of a judge's decision that gives a sense of justice (ex aequo et bono). From legal considerations that are considered prismatically, it will produce values ​​of legal certainty, justice, and benefits simultaneously. This research is a normative legal research conducted by examining laws and regulations, books, and journals related to the writing theme. Based on the results of the research, it was concluded that the criminal responsibility of perpetrators of domestic violence based on court decisions consists of 2 components, namely juridical considerations, namely judgments made by judges based on judicial facts that were revealed at trials determined by law and required to be included in decisions and non-juridical considerations based on legal provisions and a sense of social justice. As for implementing restorative justice in domestic violence cases, it is applied as a consideration to protect family coherence, especially in fortifying children's futures. Humans think the best way to help victims of crime is to catch the criminals. By paying attention to the Law on the Elimination of Domestic Violence and the Criminal Procedure Code, the results of court decisions relating to crimes of domestic violence consider the concept of punishment based on restorative justice which is oriented towards recovery efforts and the interests of the perpetrator and the victim of the crime carried out through 5 methods, namely the sufferer culprit mediation, own family organization conferencing, restorative conferencing, community restorative forums, and restorative circles or restorative

THE PROBLEM OF THE JAKARTA HIGH COURT DECISION NUMBER 10 / PID. SUS-TPK/2021/PT DKI AGAINST Dr. PINANGKI SIRNA MALASARI, S. H., M. H

Abstract: Corruption is an extraordinary crime, and efforts to eradicate it must be taken seriously. In deciding corruption cases, judges must consider the consequences of the defendant's actions. Judges can decide cases, but this freedom is not absolute; the community must consider it. Thus, judges cannot act arbitrarily in deciding cases. Decree Number 10/Pid.Sus-TPK/2021/PT DKI regarding corruption cases committed by the Pinangki Prosecutor's Office has juridical considerations regarding the gender of the accused, which is used as one of the reasons for the reduction. The duration of detention is from 10 to 4 years. Therefore, many parties consider the consideration and consideration of Decision Number 10/Pid.Sus-TPK/2021/PT DKI is wrong. This study aims to analyze the validity of judges' decisions based on criminal liability and the validity of judges' rulings and court decisions. The results of this study show that the judge's consideration and verdict against the Pinangki Public Prosecutor are unreasonable.
 Keywords: Pinangki, Judge's Verdict, Corruption

Disparity In Criminal Convictions Against Perpetrators of The Crime of Circulating Alcoholic Beverages Without a Distribution Permit

Alcoholic Beverages Supervision and Control are set out in Regulation of President Number 74 of 2013 on Alcoholic Beverages Supervision and Control. For the region in this case Padang City, it is be regulated under Regional Regulation of Padang City Number 8 of 2012 on Alcoholic Beverages Supervision, Control, and Restriction. Based on such Regional Regulation whereas any distribution of alcoholic beverages should have a permit. In this study, 2 decisions were used, the offenders distributed alcoholic beverages without any circulation permit. The case has been decided under the Decisions Number 125/Pid.Sus/2020/PN.Pdg and 245/Pid.Sus/2020/PN.Pdg respectively. There is a decision disparity under the judges’ decisions. Research problems of this study included first, How is the Criminal Decision Disparity for Criminal Offenders of Alcoholic Beverages Distribution Without Circulation Permit under Decisions Number 125/Pid.Sus/2020/PN.Pdg and Number 245/Pid.Sus/2020/PN.Pdg? Second, How the judges consider to render decisions against criminal offenders of alcoholic beverages circulation without circulation permit under the Decisions Number 125/Pid.Sus/2020/PN.Pdg and Number d245/Pid.Sus/2020/PN.Pdg? This is a descriptive analytical study. This study used a normative juridical approach by conducting a legal analysis based on evidence (in-concreto). This study used secondary data. All secondary data comprise primary, secondary, and tertiary legal materials collected from documentary study, then compiled and qualitatively analyzed, and presented in qualitative descriptive form. According to the study results, discussion, and analysis, this is concluded that first, Criminal Disparity in Decisions Number 125/Pid.Sus/2020/PN.Pdg and Number 245/Pid.Sus/2020/PN.Pdg is reflected from its similarity in article indictment rendered to the defendants within those two decisions and there is a criminal imprisonment difference rendered against each defendant. Second, the Judges’ consideration in rendering decisions against the criminal offenders of alcoholic beverages distribution without circulation permit under the Decisions Number 125/Pid.Sus/2020/PN.Pdg and Number 245/Pid.Sus/2020/ PN.Pdg includes juridical considerations, namely in connection with article components indicted, witnesses’ information, the defendants’ evidence information, and experts’ information, as well as non-juridical considerations, namely related to the history and condition of the defendants.

Criminal Liability Against Defendants for the Crime of Participating in Gold Mining Without a Permit

Criminal liability for the accused of a crime of participating in gold mining without a permit based on the decisions of the Teluk Kuantan District Court Number: 98/Pid.B/LH/2021 and Number: 99/Pid.B/LH/2021 namely imprisonment and a fine against the Defendant Sugeng Arianto alias Sugeng bin Siswanto and the Defendant Sungkono alias Pak De bin Katam, because the conditions that the defendant can be held criminally responsible for, the defendant was sentenced to a criminal sentence in the form of imprisonment for 1 (one) year and a fine of Rp. 800,000,000.00 (eight hundred million rupiah) provided that if the fine is not paid, it is replaced with imprisonment for 3 (three) months. Second, the judge's consideration of the decisions of the Teluk Kuantan District Court Number: 98/Pid.B/LH/2021 and Number: 99/Pid.B/LH/2021 in the criminal act of mining gold without a permit, namely the Judge in making the decision will consider the things that juridical and non-juridical, however, in general, judges in imposing crimes against perpetrators of illegal gold mining are more likely to use juridical considerations than non-juridical considerations, as referred to in the decision of the Teluk Kuantan District Court Number: 98/Pid.B/LH/2021 and Number 99/Pid.B/LH/2021 in the crime of mining gold without a permit.

Legal Politics Implementing Jakarta Bay Spatial Arrangements in The Framework of Realizing Good Governance

The aim of this research is to analyze the regulatory authority of the Provincial Government of DKI Jakarta in the spatial management of the Jakarta bay, as well as to analyze and find legal solutions regarding ideal legal politics in the spatial arrangement of the Jakarta bay which can create good government. This study uses a normative juridical legal approach. The data collection in this study used the technique of library research, observation and field research originating from primary, secondary and tertiary legal materials which were analyzed qualitatively normatively. The results of the study show that the Provincial Government of DKI Jakarta can propose the establishment of a special area in its territory to the Government which can be managed directly by the Central Government or can be managed jointly between the Central Government and the Provincial Government of DKI Jakarta in accordance with statutory provisions. The study of the ideal legal politics in the spatial arrangement of the Jakarta Bay, then this cannot be separated from the juridical considerations that form the basis for the formation or making of a statutory regulatio..

ANALYSIS OF THE RIGHTS OF SUSPECTS IN PRETRIAL DECISIONS IN MAKASSAR STATE COURT DECISION NUMBER 6/PID.PRA/2020/PN.MKS

Makassar District Court Decision Number 8/Pid.Pra/2020/PN.Mks, present to annul Makassar District Court Decision Number 6/Pid.Pra/2020/PN.Mks. This means that there is a conflict between the two decisions, where the Makassar District Court Decision Number 6/Pid.Pra/2020/PN.Mks., should have been implemented before the Makassar District Court Decision Number 8/Pid.Pra/2020/PN.Mks. was issued. The above conditions cause the suspect's rights to not be exercised. as if the Makassar District Court Decision Number 6/Pid.Pra/2020/PN.Mks., is something that doesn't need to be implemented, even though it is a decision that has permanent legal force. This research is a normative research that is descriptive in nature, analyzes the judge's legal considerations in deciding the Pretrial Decision Number 6/Pid.Pra/2020/PN.Mks so that the applicant accepts the request based on juridical considerations, namely the suspect is not on DPO status, and the determination of the applicant as a suspect does not meet the evidence. enough start. Furthermore, the judge's legal considerations in deciding the Pretrial Decision Number 8/Pid.Pra/2020/PN.Mks., so that the applicant's application is accepted is based on juridical considerations, namely the issuance of SP3 by the Makassar Polrestabes which was carried out on a holiday, as well as the issuance of a complete letter of investigation results. by the public prosecutor (P-21).

Criminal Act Of Experiment Trafficking In Persons

The crime of trafficking in persons is something that has often happened that cannot be denied. So that this matter became a special concern for the Government of Indonesia, which in the end issued the regulation of Law Number 21 of 2007 concerning the Eradication of the Criminal Acts of Trafficking in Persons. The main problem in this research is criminal liability for the attempted criminal act of trafficking in persons and the judge's consideration in sentencing the perpetrators who attempted the criminal act of trafficking in persons in the decision Number 54/Pid.Sus/2021/PN.Lsm. This type of research is included in the normative juridical law research group. Meanwhile, judging from its nature, this research is a complete, detailed, and clear description of a reality. Criminal liability for attempted criminal acts of trafficking in persons in Law Number 21 of 2017 concerning the Eradication of the Crime of Trafficking in Persons is different from liability for attempted criminal acts regulated in the Criminal Code. The difference is that in Article 53 paragraph (2) and paragraph (3) of the Criminal Code the sentence imposed is reduced by one third, while according to Article 10 of Law Number 21 of 2017 concerning the Eradication of the Crime of Trafficking in Persons, the criminal sanctions imposed are not reduced by one third, but are equated with the deed is done. The judge's consideration in imposing a criminal sentence on the attempted criminal act of trafficking in persons in the decision Number 54/Pid.Sus/2021/PN.Lsm is based on evidence, testimony of witnesses, testimony of the defendant and based on the facts revealed in the trial and also consider the aggravating reasons and mitigating reasons from the defendant, and with the judge's conviction, the verdict handed down in this case is a prison sentence of 3 (three) years and a fine of Rp.120,000,000, - so that the judge's consideration in The author considers that the sentence is appropriate because it is appropriate and fulfills these elements. It is recommended that the criminal liability imposed can provide a deterrent effect on the perpetrators. Judges in making decisions are expected to consider everything presented in the trial, in addition to juridical considerations, judges are also expected to carry out non-juridical considerations.