TATOHI: Jurnal Ilmu Hukum
Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022

Pertimbangan Hukum Hakim Terhadap Kesaksian Yang Meringankan Dalam Tindak Pidana Pemerkosaan

Cantika W Muhrim (Fakultas Hukum Universitas Pattimura, Ambon)
Sherly Adam (Fakultas Hukum Universitas Pattimura, Ambon)
Elias Zadrach Leasa (Fakultas Hukum Universitas Pattimura, Ambon)



Article Info

Publish Date
20 Dec 2022

Abstract

Introduction: The judge's legal considerations are one aspect of realizing the value of a judge's decision that contains justice and contains legal certainty. In deciding a case the judge must consider the juridical, sociological and philosophical truths.Purposes of the Research: Analyze and discuss the judges legal considerations against the mitigating testimony based on the decision of the district cour No. 396/Pid.B/2019/Pn.Amb)”. analyze and discuss the imposition of sanctions against the crime of rapoe based on decision No. 396/Pid.B/2019/Pn.Amb)”. Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach.Results of the Research: The results showed that the judge’s leal considerations in the decision No. 396/Pid.B/2019/Pn.Amb resulted in the defendant bein acquitted because of the weak evidence presented by the public prosecutor, namely there were no eye witnesses, expert witnesses and also Visum et Repertum which were not used as evidence. On the other hand, the defendant has a mitigating witness, where mitigating facts greatly influence the judgge in imposing sancsions. Based on this decision the judge that the intercourse was consesual, so the judge handed down an acquittal against the defendant.

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Journal Info

Abbrev

tatohi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

TATOHI: Jurnal Ilmu Hukum is a scientific journal published by the Faculty of Law, Pattimura University, with a duration of 12 (twelve) times a year, from January to December. This journal is a means of publishing research articles from undergraduate thesis (S1) students of the Faculty of Law, ...