PERTIMBANGAN HAKIM DALAM PENJATUHAN PIDANA TERHADAP RESIDIFIS YANG MELAKUKAN PENCURIAN (Studi Kasus: Pengadilan Negeri Klas I A Padang)
Abstract: Residifis is an
ex-convict who committed the crime again that where the crime had been done previously
been sentenced by a judge and has had permanent legal force, can disturb
societyresidifis much as detrimental as well as create fear and chaos in-the
people who want peaceand peace, therefore, in criminal law, residifis is one
thing that is burdensome penalties. Issues addressed are: (1) What accounts for
the judge to convict residifis on the crime of theft in the District Court of
Class IA Padang? (2) How to residifis criminal application of thecriminal
offense of theft in the District Court of Class IA Padang ?. To answer the
aboveproblems, the authors conducted a study with a juridical approach
sociological research using primary data obtained from interviews, secondary
data such as documents and crimestatistics relating to residifis. The data
obtained were analyzed qualitatively. From the resultsof this study concluded:
(1) Consideration of the judge in the verdict against recidivistoffenders,
aggravating things are: The act of disturbing the public defendant, the
defendanthas been convicted, and out of prison During the month February 2014
the defendant hasseven (7) time motorcycle theft. Then the judge consideration
in decisions against recidivistoffenders in terms of mitigating circumstances,
namely: The defendant admitted frankly, and the defendant regretted his
actions. (2) The application of penalties in the case of decision number. 528 /
Pid.B / 2014.PN.PDG enforced minimum Keywords: Considerations, judges,
residifis, theft
Penulis: Nicko Haryadi,
Syafridatati, Deaf Wahyuni Ramadhani
Kode Jurnal: jphukumdd151433
