PERTIMBANGAN HAKIM TERHADAP TINDAK PIDANA MENYELENGGARAKAN KEGIATAN PENYIARAN YANG TIDAK MEMPEROLEH IZIN PENYIARAN (STUDI KASUS PUTUSAN PERKARA NOMOR 129/Pid.Sus/2016/PN.SLK)

Abstract

ABSTRACT

Broadcasting activities that do not obtain a permit are criminalized according to Article 58 letter b of Law No.32 of 2002 concerning Broadcasting. Case No.129 / Pid.Sus / 2016 / PN.SLK was convicted with a prison sentence of 6 (six) months, and a fine of Rp.30,000,000 (thirty million rupiahs). Formulation of the problem: 1) How is the application of the crime against the crime of carrying out broadcasting activities that do not obtain a permit for case No.129 / Pid.Sus / 2016 / PN.SLK? 2) What is the consideration of judges in applying crimes against criminal offenders conducting broadcasting activities that do not obtain a permit in case No.129 / Pid.Sus / 2016 / PN.SLK? The type of research is normative legal research. Data sources are secondary data, primary, secondary and tertiary legal materials. Data collection technique is the study of documents. Data were analyzed qualitatively. Conclusions: 1) The application of a criminal act against broadcasting activities without a permit has been fulfilled and the defendant is proven guilty of committing broadcasting crime in accordance with article 58 letter b of Law No.32 of 2002, imprisonment for 6 (six) months, and a fine in the amount of Rp.30,000,000 (thirty million rupiahs). 2) Judge's consideration in issuing a decision on a criminal act of conducting broadcasting activities that do not obtain a legal juridical approval has been proven, based on the facts of the trial explained by witnesses, experts, instructions and statements of the defendant. The balance of non-juridical judges mitigating matters, the defendant being cooperative so that it makes it easier to examine the case and incriminating defendants still carry out their business. Keywords: Considerations, Judges, Permits, Broadcasting