DASAR PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN TERHADAP PELAKU PENGANIAYAAN BERAT YANG MENGAKIBATKAN KEMATIAN
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Institusion

Universitas Atma Jaya Yogyakarta

Author

KERAF, YOHANES RAFAEL S.I

Subject

Peradilan dan Penyelesaian Sengketa Hukum 

Datestamp

2013-05-06 12:17:30 

Abstract :
Curentelly the crime which causes fidgetiness in society tend to increasi. One of them is cruel mistreament that causes any mortality. Thus it needs certain management for the cruel mistreatment crime that causes any mortality. Thus it can depress the level of mistreatment crime which causes mortality, i.e. by sentencing firm punishment to the perpetrator of this crime. However in sentencing a punisment, a judge should consider various matters, e.g. motives, methods, means or efforts of mistreatment and effect and impact resulted from this crime. It is purposed in order the judge comprehend on the matter mad heavy and light before sentencing a fair verdict to both parties. In sentencing a verdict, the jugde is demanded to consider legal certainty to perpetrator relating to his status as well as the purpose of imprisonment to the perpetrator , corrective and educative purpose. In addition, by the existence of this imprisonment hopefully it can return the balance in society which had been unstable by reason of cruel mistreatment crime which causes any mortality. Thus, in addition of emerging the warry effect, the punisment to give by the judge to the prepetrator ot cruel mistreatment crime which causes any mortality stated in verdict, the judge should also give consideration in order can decrease the criminal rate of cruel mistreatment which causes any mortality. Even more, cruel mistreatment crime which causes which causes mortality will vanish after all.  

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