Pertimbangan Hakim dalam Menjatuhkan Sanksi Pidana Terhadap Pelaku Tindak PIdana Perjudian (Studi Putusan Nomor: 228/Pid.B/2017/PN.BLG)

Abstract

Judges are the most dominant law enforcement officers in carrying out law enforcement that determine decisions against a case based on the intellectual, moral and integrity of judges on the values of justice. It is indeed difficult to measure the judge's decision on how to fulfill that sense of justice. One indicator that can fulfill a sense of justice or not can be found among other things in the judgment of a judge which is the basis of the judge's argument in deciding a case. The formulation of the problem in this study is criminal responsibility for gambling and judges' consideration in imposing a criminal sanction on gamblers in Decision Number: 228/Pid.B/2017/PN.BLG. In this thesis writing using normative juridical research method through literature study. Legal sources in the writing of this thesis are primary legal materials, namely the Law, secondary legal material, namely the relevant books and court decisions number: 228/Pid.B/2017/PN.BLG, as well as secondary legal materials originating from the thesis, articles, thesis, magazine, internet, and others. And the author conducted a study in the Balige District Court which was to conduct a direct interview with the Judge involved in the decision. The results achieved in this study indicate that criminal liability against perpetrators of gambling in the decision number: 228/Pid.B/2017/PN.BLG is very light, it is expected that the application of a penalty on this gambling crime needs to be given a severe punishment, which will result in the emergence of a deterrent effect for the perpetrators and other communities so as not to commit this gambling crime. Judges 'consideration in imposing a criminal offense against a gambling criminal in case No: 228/Pid.B/ 2017/PN.BLG in the consideration of the judge prioritizing self-improvement against the defendant, because various judges' considerations provide an opportunity to improve themselves so that they will not repeat their actions. actions that violate the law.