PENERAPAN PIDANA TERHADAP PELAKU TINDAK PIDANA MENYEMBUNYIKAN ASAL USUL PERKAWINAN (Studi Perkara No. 140/Pid.B/2018/PN Lbb)

Abstract

the Criminal Code. CaseNumber 140 / Pid.B / 2018 / PN.Lbb The defendant AR wasfoundguilty of deliberatelycommitting a crime of origin of marriage and wassentencedtoimprisonment for 8 (eight) months. The formulation of the problem is (1) Howdoes the application of the crimeagainst the perpetrator of the crimehide the origin of marriage (2) Howdoes the Judge'sconsideration in imposing the crimeagainst the criminaloffenderhide the origin of marriage in caseNumber 140 / Pid.B / 2018 / PN.Lbb. Thistype of researchuses a normativejuridicalapproach. The data source is secondary data consisting of primary legal materials, secondary data and tertiary data. The data collectiontechniqueusedwasdocument study, analyzedqualitatively. Conclusion 1) The application of punishment is that the defendant is provenguilty and fulfills the elementscontained in Article 279 paragraph (2) of the Criminal Code accordingto a judge'sdecision for 8 months. Judges 'considerations in imposingcrimes are carriedoutjuridically and non-juridically 2) Judges' considerations in decidingcases are the indictment of the Public Prosecutor, the prosecutor'sdemands, evidence and evidence, while non-juridicalconsiderations are incriminatingbecause the defendant'sactionsinjurevalues. the marriagebond is sacred and whichrelieves the defendant as if he has neverbeenconvicted, admits his actions and has a familyresponsibility.