PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA MATI BAGI PELAKU TINDAK PIDANA TERORISME
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Institusion
Universitas Atma Jaya Yogyakarta
Author
KETAREN, NICKY MICHAEL MOSES
Subject
Peradilan dan Penyelesaian Sengketa Hukum
Datestamp
2013-05-06 13:11:10
Abstract :
A judge in imposing capital punishment for perpetrators of criminal acts of terrorism are not only based on the law, but judges also have other considerations as a judge was given the freedom to make decisions. Independence of judicial power or independence of judges is a principle of universal nature, that there is anywhere, anytime. The purpose of this study was to determine the effect caused by criminal acts of terrorism and to know the basic consideration in the judge ruled on the death penalty against the perpetrators of criminal acts of terrorism. The research method used using a method which is a normative legal research library research, the study of secondary data. The data obtained in the literature and field studies were processed and analyzed in a qualitative way, that data analysis is based on what is obtained from the literature or the field, either orally or in writing, then directed, discussed and given an explanation with applicable regulations, and concluded with the inductive method, namely draw conclusions from the particular to the general public. Consequences caused by criminal acts of terrorism, among others, suffering physical injuries either heavy / light, physical disability and even death, due to the mental and social development of the negative influence of anxiety would be a crime of terrorism, mutual distrust between religious , loss of facilities and infrastructure building, and has led to the economy. The consideration of judges in death penalty verdict against the perpetrators of criminal acts of terrorism, among others, are legally based on Article 6 of Law No. 15 of 2003 and in terms of non-juridical consideration of the judge is a criminal act of terrorism is very disturbing the public, concerned about the continuity of the State's economy, and harm and cause suffering to the people as victims.
A judge in imposing capital punishment for perpetrators of criminal acts of terrorism are not only based on the law, but judges also have other considerations as a judge was given the freedom to make decisions. Independence of judicial power or independence of judges is a principle of universal nature, that there is anywhere, anytime. The purpose of this study was to determine the effect caused by criminal acts of terrorism and to know the basic consideration in the judge ruled on the death penalty against the perpetrators of criminal acts of terrorism. The research method used using a method which is a normative legal research library research, the study of secondary data. The data obtained in the literature and field studies were processed and analyzed in a qualitative way, that data analysis is based on what is obtained from the literature or the field, either orally or in writing, then directed, discussed and given an explanation with applicable regulations, and concluded with the inductive method, namely draw conclusions from the particular to the general public. Consequences caused by criminal acts of terrorism, among others, suffering physical injuries either heavy / light, physical disability and even death, due to the mental and social development of the negative influence of anxiety would be a crime of terrorism, mutual distrust between religious , loss of facilities and infrastructure building, and has led to the economy. The consideration of judges in death penalty verdict against the perpetrators of criminal acts of terrorism, among others, are legally based on Article 6 of Law No. 15 of 2003 and in terms of non-juridical consideration of the judge is a criminal act of terrorism is very disturbing the public, concerned about the continuity of the State's economy, and harm and cause suffering to the people as victims.
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