PENERAPAN PIDANA TERHADAP PELAKU TINDAK PIDANA ASAL-USUL PERKAWINAN (Studi Perkara : Nomor 367/PID.B/2014/PN.PDG.)
ABSTRACT: Origins of marriage
a criminal offence provided for in Article 279 of the PENAL CODE. In the case
of no. 367/PID. B/2014/PN. PDG, JW do Polygamy with TW without the permission
of the first wife of Ha. Polygamy is civil, but the author will see from the side
of the criminal. Formulation of the problem: 1. How is the application of the
criminal origin of the perpetrators of criminal acts against marriage in the
case number 367/pid. b/2014/URpn.pdg.? 2. What are the consideration of judges
in meting out criminal sanctions against the perpetrators of such criminal
acts?. This type of research using methods of juridical normative, the data
source in the form of secondary data composed of primary legal materials, legal
materials, legal materials tertiary secondary, techniques of data collection
through the study of the document. The data were analyzed qualitatively. The
results of the studies: 1. The application of the criminal defendant, namely
criminal trial, and the defendant's deed has fulfilled the elements of article
279 of the PENAL CODE paragraph (1) 2. Judges in meting out the verdict,
considering the things that relieve and incriminating not based on the PENAL
CODE, but based on the jurisprudence, and criminal trials were dropped by the
judge satisfies the elements of article 14 (a) of the CRIMINAL CODE, by using
the combined theories commonly used in Indonesia in dropping the verdict
criminal.
Penulis: Reza Okva Marwendi
Reza Okva
Kode Jurnal: jphukumdd170065
