CD Skripsi
Analisis Yuridis Perkara Putusan Nomor 82/PID.B/2019/PN PGP, Terkait Tentang Tindak Pidana Perzinahan
The act of adultery is a very despicable act and is considered very immoral among society. In the Criminal Code, the offense of adultery is regulated in chapter XIV of Book II Article 284 of the Criminal Code which can be categorized as a crime against morality. In this formulation, the Criminal Code stipulates that sexual relations outside of marriage are only a crime of adultery, if the perpetrator or one of the perpetrators is a person who is married to another person. Sexual relations outside marriage, between two people who are both single, are in no way a crime of adultery.
The type of research used in this research is normative legal research or can also be called doctrinal legal research. Normative legal research is legal research that examines principles, norms or rules originating from statutory regulations, court decisions, and doctrines from leading legal experts. In this research the author will examine legal principles. The principles studied in this research are the principle of justice and the principle of legal certainty.
The judge's decision is to grant the plaintiff's claim/accept the defendant's exception, reject the plaintiff's claim, or not accept the plaintiff's claim for the case handler, in this case, the judge has the right to accept and reject the claim. If a lawsuit contains incomplete documents or formal defects, the judge should reject the lawsuit. Based on the contents of the decision in case Number 82/pid.B/2019/PN pgp, it is unacceptable that the final decision is negative because it contains formal defects. In the contents of the case in decision Number 82/pid.B/2019/PN pgp, researchers found a legal weakness, namely imposing punishment on only one perpetrator, whereas in this decision case, there were two perpetrators. Judges as the last bastion in law enforcement in court institutions have an important role in realizing a sense of justice in society. Based on the contents of the decision, and based on the statements of the witnesses in the contents of the decision, the judge in making considerations before making a decision, the judge may use witness statements in making the decision, but it needs to be emphasized that the judge must be wise in making the right decision, looking at the information. witness in this case, that the witness requested that the Panel of Judges give the lightest sentence possible to the wife, who was one of the perpetrators in the case regarding the crime of adultery.
Keywords: Marriage - Act Of Adultery - Verdict
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