PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANATERHADAP PELAKU TINDAK PIDANATIDAKMEMILIKI IZIN LOKASIPEMANFAATANRUANGDAN PULAU-PULAUKECIL (Studi Perkara Nomor930/Pid.Sus/2019/PN.Pdg)

Abstract

Management of coastal areas and small islands must have a location permit as regulated in Article 16 Paragraph (1) and criminal provisions for violations are contained in Article 75 of Law of the Republic of Indonesia Number 27 of 2007 as amended by Law of the Republic of Indonesia Number 1 of 2014 concerning the Management of Coastal Areas and Small Islands. For example, the defendants TD and PH together with the defendants AV and TA carried out the management of coastal areas and small islands without a location permit. Formulation of the problem: (1) How is the application of crime against the perpetrator of a criminal offense who does not have a location permit for use of space and small islands in case Number 930 / Pid.Sus / 2019 / PN.Pdg ?, (2) What is the judge's consideration in imposing a crime the perpetrator of a criminal offense does not have a location permit for the use of space and small islands in case number 930 / Pid.Sus / 2019 / PN.Pdg ?. This type of research is normative juridical. The data source used is secondary data sources. Data collection techniques through document studies, data analysis in a qualitative way. The conclusions of the research results: (1) The judge sentenced the defendants to imprisonment for 7 (seven) months and a fine of IDR 85,000,000 (eighty five million rupiah), a subsidiary of 1 month in prison. (2) In imposing a sentence, the judge shall consider the verdict juridically, namely on the indictment, prosecutor's demands, evidence and evidence as well as non-juridical circumstances in the form of burdensome and mitigating conditions for the accused.