Dasar Pertimbangan Hakim Dalam Penjatuhan Pidana Terhadap Pelaku Tindak Pidana Pasal 317 KUHP

Abstract

The purpose of this study is to determine and analyze the basis for the judge's consideration in imposing a sentence on the perpetrator of the crime in Article 317 Paragraph 1 of the Criminal Code in Court Decision Number 194/Pid.B/2020/PN Spg and Decision Number 606/Pid.B/2021/PN Jmb. With this objective, the problem discussed is whether the basis for the judge's consideration in imposing a sentence on the perpetrator who committed the crime of Article 317 Paragraph 1 of the Criminal Code in Court Decision Number 194/Pid.B/2020/PN Spg and Decision Number 606/Pid.B/2021/PN Jmb? The juridical normative approach (Statue Approach), the case law approach, and the conceptual approach were used to formulate the problem. This is a concern as irrelevant disparities are feared to occur when the judge decides on a low amount of punishment without clear considerations. Meanwhile, Decision Number 606/Pid.B/2021/PN Jmb was sentenced to 2 (two) years and 4 (four months) for violating Article 317 Paragraph 1 of the Criminal Code. However, the decision of the Panel of Judges considered that the criminal act of slander committed by the defendant did not comply with the elements of Article 317 Paragraph 1 of the Criminal Code.