CD Skripsi
Analisis Terhadap Dasar Pertimbangan Hakim Dalam Penerapan Alasan Yang Meringankan Hukuman Pada Pelaku Tindak Pidana Pencurian Dimasa Pandemi Covid-19 Di Riau
ABSTRACT
As a rule of law based on the values of Pancasila and the 1945 constitution of the
Republic of Indonesia, the birth of an independent and partial judiciary si one of the main
pillars. Realizing the rule of law in national and state life Law Number 48 of 2009 concerning
judicial power states that judges must explore, follow, and understand legal values and a sense
of justice that lives in the community as well as taking into the good and bad qualities of the
defendant. The judge’s responsibility to find the law and determine the law on a case that is
resolved in connection with that, the judge’s consideration, especially during the pandemic the
judge is obligated to explore and see the condition of the defendant in commiting a criminal act.
Are required to be able to make decision by looking at the motives or reasons of the perpetrator
in commiting a crime so that judge based on his authority can use reson that relieve must also
try to make decisions that are in line with the prevention of covid-19.
This type of research is classified as juridical normative, namely research conducted by
examining secondary legal materials or research based on documented standard rules which is
also known as library research either through reading books of laws and regulations, materials
and websites on the internet, interviews and other reference sources related to this thesis
material.
From the results of the research, there are three main things that can be concluded. First
is the judge’s consideration in every decision during the pandemic. The second is the judge’s
consideration in the form of mitigating reasons due to several factors such s the backbone of the
family, confessing his actions, daring not to repeat It again and thirdly, there is the judge’s
consideration of every decision issued by the judge’s, both within the defendant and the outside
and the defendant. It is also a consideration for the judge is that there is no transmission either
in court or in prison and to support policies issued by the government. Author suggestions, First,
it is hope that judges as state officials who carry out the judiciary must really know the right of
the defendant as regulated in law, second, judges in giving decisions must uphold a sense of
justice in the midst of society, third, to the government and the law enforces to pay attention to
their rights. Community rights and fixing solutions and legal problems faced by the parties as
well as maintaining social order and public order.
Keywords: Judge’s Consideration, Mitigating Reasons, Robbing
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