Yanto Yanto
Magister Ilmu Hukum Universitas Janabadra

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Kajian Yuridis Peranan Alat Bukti TerhadapPutusan Bebas dalam Tindak Pidana Pemalsuan (Studi Kasus Terhadap Putusan Pengadilan Negeri Yogyakarta No. : 22 Pid.B 2016 PN.YYK Suparno Suparno; Yanto Yanto; JS. Murdomo
Kajian Hasil Penelitian Hukum Vol 3, No 1 (2019): Mei
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (654.107 KB) | DOI: 10.37159/jmih.v3i1.1015

Abstract

This thesis study aims, to know and examine the role and strength of evidence against free decisions in criminal cases of letter forgery, and to find out what things make legal judgments for judges in making free decisions. This research is a descriptive normative legal research using secondary data types. In this study, the data collection technique used was library research. Then the data obtained isthen studied, classified, and further analyzed according to the objectives and problems and to further strengthen the data in this study, the authors also conducted field research with interview methods with Resource Persons. Based on this research the results obtained to determine the role and strength of evidence. facts at the trial, as well as judges considerations in making free decisions against the accused. Besides that, the minimum requirements for two proofs and judges convictions were also fulfilled, so that the defendant could give a free verdict. That the evidence and evidence is very important from the criminal justice process. The evidence has an important role, both starting from the investigation, investigations in the police, until the Public Prosecutor is forwarded as a basis for making charges and demands. And then the evidence becomes the basis of the Judge judgment in displaying criminal case decisions, but the evidence is not enough if the convictions of the law enforcer will process the crime to continue, as if it were an important factor, both from the beginning by the investigator, by the Prosecutor The Public Prosecutor especially by the Panel of Judges to decide the case. If the evidence is not sufficient and or the judge beliefs do not exist, then the crime cannot be forced to proceed to the trial process. Therefore, in this case the author took a case study of decision No. 225  Pid.B  2016 PN YYK, in a case of fraud. And in the research of this case verdict, the panel of judges in its decision acquitted the defendant, because it was not proven and convinced the panel of judges.
Kajian Terhadap Pertimbangan Hakim Dalam Memutus Perkara Tindak Pidana Korupsi Saluran Ultra Tegangan Ekstra Tinggi (Sutet) Di Bawah Ancaman Minimum Khusus Studi Kasus di Pengadilan Negeri Wates Kulon Progo Sutanto Sutanto; Yanto Yanto; Sigit Setyadi
Kajian Hasil Penelitian Hukum Vol 3, No 1 (2019): Mei
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (453.291 KB) | DOI: 10.37159/jmih.v3i1.1017

Abstract

The purpose of this study was to find out and assess the basis of consideration of Wates District Court Judges in deciding cases of Ultra Extra High Voltage Channel SUTET corruption under a special minimum threat  and the legal consequences arising from the existence of a mild criminal verdict in the corruption case of the Ultra Extra High Voltage Channel SUTET.This research is empirical legal researchnamely research conducted by conducting field research to obtain primary data as its main resource and secondary data as a supplement. Data that has been collected from the results of research, both library research and field research, will be analyzed qualitatively. The results of this study are: 1 In Article 2 paragraph 1 of Law Number 31 Year 1999 as amended and supplemented by Law Number 20 of 2001, it has been explicitly stipulated regarding the minimum criminal sanctions that must be imposed on the perpetrators non-imprisonment, namely 4 years in prison and a fine of at least Rp. 200,000,000. Although in Article 2 paragraph 1 of Law Number 31 of 1999 as amended and supplemented by Law Number 20 of 2001 which explicitly has determined the minimum criminal sanctions that must be imposed on the perpetrators of the crime, the Judge have a consideration that in order to be able to create a decision that can reflect a judge's sense of justice in deciding each case, it should consider aspects of legal certainty, namely implementing legal justice must also consider moral justice and social conditionsofthe community social justice and 2 In accordance with the aim of punishmentthat gives a sense of deterrent to the convict, convictions solely as a reward of an unlawful act with an emphasis on policing the community, criminal special minimum impact on the lives of the accused while in custody and after the defendant was released from prison and return to the community. Here it can be said impact conviction against the accused of corruption are disconnected special minimum, despite the judge's decision only ruled on special minimum, but the impact of acts of corruption defendant heavier than the result of a criminal act of corruption, because of concerns about the life of the accused later in the general public, among othersloss ofhonor, impoverishment oftheaccused,administrativesanctions he received because of the corruption of corruption itself.