LEGAL ANALYSIS OF THE JUDGE'S CONSIDERATIONS IN DECISION NUMBER 98/PID.B/2025/PN TML CONCERNING THE CRIMINAL ACT OF DESTRUCTION OF GOODS

Marisa Hawini
Aristoteles
Rizki Setyobowo Sangalang
Putri Fransiska Purnama Pratiwi

Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue

This study examines judicial reasoning in the decision of the Tamiang Layang District Court Number 98/PID.B/2025/PN Tml concerning the criminal offense of property damage. The focus centers on two issues: first, whether judicial considerations comply with Article 406(1) of the old Penal Code and Article 521 of the new Penal Code (Law No. 1 of 2023); and second, whether the sentence reflects the principle of ultimum remedy as well as restorative justice. Adopting a normative juridical approach, the research reveals that while the elements of the offense were completely satisfied, there are weaknesses in the court's treatment of the statute of limitations and proportionality. Under the new Penal Code, Article 521 broadens criminal sanctions while opening wider space for restorative resolution. The conditional sentence imposed reflects a moderate application of ultimum remedy and restorative values, although the more appropriate civil law remedy was never pursued.