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M. Naufal Ishmat Rozaan
Faculty of Law, Universitas Muslim Nusantara (UMN) Al Washliyah, Indonesia

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ANALYSIS OF JUDGE'S CONSIDERATIONS IN DECIDING ON A LIGHT SENTENCE CRIMINAL THEFT IN AGGRAVATING CIRCUMSTANCES (ANALYSIS OF DECISION NUMBER 2200/PID.B/2025/PN MDN) M. Naufal Ishmat Rozaan; Halimatul Maryani
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 3 (2026)
Publisher : CV. Barokah Publsiher

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Abstract

The judge's basis for deciding on a light sentence for the defendant in the crime of theft under aggravating circumstances based on decision Number 2200/Pid.B/2025/PN Mdn is that the process shows the application of the principles of justice and prudence. The judge not only considers aggravating factors, but also pays attention to mitigating aspects, such as politeness, remorse, and the defendant's young age and no criminal record. The aspects of justice and legal principles considered by the judge to determine a light sentence in decision Number 2200/Pid.B/2025/PN Mdn are that the prioritized aspect of justice is the provision of a sentence that is proportional to the level of the defendant's guilt, as well as paying attention to the aspects of humanity and rehabilitation. The judge has also referred to the principles of restorative justice and the principles of social justice, which demand a balance between the defendant's right to receive a punishment that is not excessive and the community's need for a deterrent effect
Co-Authors Halimatul Maryani