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All Journal Journal of International Islamic Law, Human Right and Public Policy
hanuring ayu ardhani putri
universitas islam batik surakarta
Religion Law, Crime, Criminology & Criminal Justice

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A JURIDICAL ANALYSIS OF JUDGES' LEGAL CONSIDERATIONS IN DECISION NUMBER 1/PID.B/2026/PN SKT FROM THE PERSPECTIVE OF CRIMINAL PROCEDURAL LAW PRINCIPLES Awwab Yusroni; Hanuring Ayu Ardhani Putri; Yulian Dwi Nurwanti
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Judges' legal considerations constitute a fundamental part of criminal decisions because they provide the juridical basis connecting facts established at trial with the operative part of the judgment. The quality of such legal considerations is essential for achieving legal certainty, justice, and utility in the criminal justice process. This study aims to analyze the legal considerations of the panel of judges in Decision Number 1/Pid.B/2026/PN Skt and to examine their conformity with the principles of Indonesian criminal procedural law. This research applies a normative legal method using statutory, case, and conceptual approaches. The legal materials consist of primary, secondary, and tertiary legal sources obtained through library research and analyzed qualitatively through deductive reasoning. The findings show that the judges' considerations were constructed on the basis of legal facts revealed at trial, valid evidence, and the fulfillment or non-fulfillment of the elements of the charged offence. The panel considered both juridical and non-juridical aspects in reaching its verdict and, in general, applied the principles of evidentiary assessment, presumption of innocence, in dubio pro reo, due process of law, and fair trial. Nevertheless, the formulation of legal arguments in criminal judgments should continue to be strengthened, particularly in explaining the relationship between legal facts, evidence, causality, mens rea, and the application of criminal procedural norms. This research is expected to contribute to the development of criminal procedural law and to serve as evaluation material for judges in formulating legal reasoning in criminal decisions.
Co-Authors Awwab Yusroni Yulian Dwi Nurwanti