CD Skripsi
Analisis Yuridis Terhadap Putusan Nomor.553/Pid.B/2019/Pn.Pbr Terhadap Tindak Pidana Pemerasan
ABSTRACT
Judge's decision is a judge's statement uttered in an open court session,
which can be in the form of conviction or acquittal or exemption from all orders
in matters and according to methods regulated in the Criminal Procedure Law.
Court decisions given by judges examining cases in the provisions of Article 5
paragraph (1) of Law Number 48 of 2009 concerning Judicial Power indicate that
“judges as law enforcers must be added, follow and understand the values of law
and a living sense of justice. in society. "In Decision Number 533 / Pid.B / 2019 /
PN.Pbr. judges who are supposed to uphold justice, really do not consider
criminal acts based on the elements of the criminal acts contained in Article 368
of the Criminal Law on duty. So that legal values and a sense of justice are not
able to carry out the objectives of criminal procedural law.
This research will be compiled using the type of juridical normative
research, which is research focused on examining the application of legal
principles or norms. The data technique used in this research is literature study.
The approach used in this research is to use a normative approach, namely
literature law research.
The results of the research conducted by the first author, were the basic
considerations of the judge's consideration in giving a verdict in case Number 533
/ Pid.B / 2019 / PN.Pbr against the crime of extortion. The judge did not consider
the entire evidence regarding witness testimony, material evidence, the
defendant's letter and articles of indictment relating to legal facts in trials of
justice and legal certainty. There are no influencing factors in making decisions,
paying attention to the analysis of the accuracy of the judge in making a decision
on the criminal act of extortion in the case decision No.553 / Pid.B / 2019 /
PN.Pbr. which is not in accordance with the purpose and explanation of the
absence of a criminal offense in Article 368 of the Criminal Code, the elements
are as follows; 1) Whoever; 2) With the intention of benefiting oneself or others
against the law; 3) Forcing someone with violence or threats of violence to give
something; 4) Whole or part of it belongs to that person or other person or one of
the parties making the debt or credit; 5) Those who do, who command to do and
participate in doing deeds.
Keywords: Judge's Decision – Extortion - Justic
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