Pertimbangan Hakim dalam Penjatuhan Hukuman Terhadap Tindak Pidana Penipuan Jual Beli Tanah (Studi Putusan Nomor 607/Pid B/2016/PN.Mdn)

Abstract

Decision-making is needed by the judge of the case being examined and his / her trial. The judge shall be able to process and process the data obtained during the proceedings, either from evidence of letters, witnesses, allegations, confessions or oaths revealed in the hearing. So the decisions that will be imposed can be based on a sense of responsibility, fairness, wisdom, professionalism and objective. In deciding the most important thing is the legal conclusion of the facts revealed in the hearing. The problem in this research is how the judge judgment in handling the decision of case number 607 / Pid.B / 2016 / PN.Mdn and how the application of criminal law to criminal acts of fraud in the case of decision number 607 / Pid.B / 2016 / PN.Mdn. Technique of collecting data is done as follows: Library Research (Library Research). This method by conducting research on various sources of written reading from scholars that is the theoretical books about law, law magazines, journals of law and also materials and lectures and rules of crime and Field Research (Field Research) is with do the spaciousness in this case the author directly conduct studies at the Medan District Court by taking a decision related to the title of thesis that is the case of criminal acts of fraud namely Decision No. 607 / Pid.B / 2016 / PN.Mdn. Consideration in deciding the facts in court, witness and defendant's statements and expert information as well as, existing evidence, judge's confidence then things that support. The application of the criminal law, namely article 378 of the Criminal Code, namely the fulfillment of two elements, namely the element of who and the element as a person who performs or ordered to do benefit themselves or people against the law.the facts of the trial fact that the defendant has been valid and convinced violating Article 378 of the Criminal Code and was sentenced to two months in prison.