JURIDICAL ANALYSIS OF CRIMINATION AGAINST CIVILIZATIONS IN THE KENDAL STATE COURT
2021
The formulation of the problem in this research is: What is the process of convicting the perpetrators of criminal acts of detention at the Kendal District Court? What are the obstacles faced by judges in examining and deciding cases of criminal detention at the Kendal District Court and what are the solutions? What is the judge's consideration in deciding criminal cases at the Kendal District Court? The method used by researchers is a sociological juridical legal approach and the specifications in this study include descriptive analytical. Based on the results of the research that the criminal process against the perpetrator of detention at the Kendal District Court was the defendant charged under Article 480 paragraph (1) of the Criminal Code concerning detention. The convictions of the perpetrators of criminal acts at the Kendal District Court in this case the verdict handed down by the Panel of Judges against the defendant was lighter than the charges. Obstacles, namely the imposition of crimes committed by judges who may be considered lightly by some people in general. The solution is efforts to prevent criminal acts in society, as is known to have a deterrent effect through the provision of sanctions. Judges' considerations in Deciding Criminal Cases at Kendal District Court are correct, because based on the evidence presented at the trial it shows that the defendant was found guilty of committing a criminal act of detention and matching all the elements in Article 480 1 of the Criminal Code. However, the imprisonment imposed by the panel of judges is relatively lighter than the demands of the public prosecutor in which the demands of the public prosecutor are also considered light so that they can provide a deterrent effect on the perpetrators of criminal custody. Keywords: Criminalization, Perpetrators of Crime, Detention
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