Marsanuddin Marsanuddin
Fakultas Hukum Universitas Sang Bumi Ruwa Jurai

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Analisis Dasar Pertimbangan Hakim Dalam Menjatuhkan Pidana Terhadap Pelaku Tindak Pidana Penggelapan Rosita Ibrahim; Marsanuddin Marsanuddin; Mirwansyah Mirwansyah
VIVA THEMIS Vol 1, No 2 (2018): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/vt.v1i2.702

Abstract

Perpetrators of embezzlement are usually sentenced to a maximum of four years in accordance with the provisions of Article 372 of the Criminal Code (KUHP). But in the decision Number: 1487 / Pid.B / 2017 / PN.Tjk, the judge actually relieves the sentence by considering that the perpetrator is only a legal subject, this matter has an element of error in person. The problem in this research is whether it is the basis for judges' consideration in imposing criminal acts against perpetrators of criminal acts of embezzlement and what are the obstacles in examining cases of fraud.The research used is a type of normative descriptive legal research, through normative and empirical approaches. The types of data needed in the study include primary and secondary data sourced from primary legal materials, secondary legal materials and tertiary legal materials and analyzed qualitatively.From the results of the discussion, it can be concluded that the judges' basis in imposing crimes against the perpetrators of criminal acts of embezzlement on cases Number: 1487 / Pid.B / 2017 / PN. and examination of evidence, it has been found the legal fact that the defendant has been proven to have committed a crime of embezzling a motorized vehicle, namely in the form of a car. While the obstacles in examining cases of embezzlement are the difficulty of presenting witnesses who know the events of the perpetrators or defendants and proof of the goods in the hands of the perpetrators.
Analisis Yuridis Terhadap Putusan Hakim Yang Menjatuhkan Pidana Kurungan Terhadap Pembawa Senjata Tajam Oleh Anak Teni Oktapriani; Marsanuddin Marsanuddin; Muhammad Lutfi
VIVA THEMIS Vol 1, No 2 (2018): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/vt.v1i2.698

Abstract

Therefore this study aims to find out what is the legal basis of judges 'consideration in imposing criminal sanctions for carrying weapons of sharp weapons by children and to find out how the judges' decisions against criminal sanctions carried out by children in criminal cases Number 79 / Pid.Sus-Anak / 2017 /PN.Tjk.The method used in this study is descriptive normative. The procedure of data collection is done by means of library research and field studies. This research was carried out in the Tanjung Karang District Court, in order to achieve this goal the author used data collection techniques in the form of library research and field research by conducting direct interviews with judges at the Tanjung Karang District Court.The results of this study conclude that: (1) the basis for consideration of judges who impose criminal sanctions on children who carry sharp weapons in the application of criminal law (Number 79 / Pid.Sus-Anak / 2017 / PN.Tjk) is in accordance with the provisions stipulated in Article 2 Paragraph (1) of Law Number 12 of 1951. (2) Implementation of a judge's decision on a sentence of imprisonment committed by a child, in deciding a case the judge has considerable considerations, starting from the demands of the public prosecutor, witness statements, statement of the defendant, and evidence, as stipulated in article 197 of the Criminal Procedure Code, and the fulfillment of elements in accordance with the indictment as well as the laws of the child and there is no justification, so that they are found guilty, as well as things that are burdensome and mitigating. The panel of judges had many considerations so that the defendant had to account for his actions in accordance with the verdict handed down by the judge by serving a sentence of imprisonment for 2 months in prison and paying court fees of IDR 2000 rupiah.