PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA MATI TERHADAP PELAKU TINDAK PIDANA TERORISME (STUDI PUTUSAN NOMOR 140/Pid.Sus/2018/PN.Jkt.Sel)

Abstract

The provisions for criminal acts of terrorism are contained in Article 1 and Article 6 of Law No.5 of 2018 concerning Eradication of Criminal Acts of Terrorism. For example, decision No.140 / Pid.Sus / 2018 / PN.JktSel. Formulation of the problem: 1) How is the application of the death penalty against the perpetrators of the criminal act of terrorism case No.140 / Pid.Sus / 2018 / PN.JktSel? 2) What was the judge's consideration in imposing the death penalty on the perpetrator of the criminal act of terrorism decision No.140 / Pid.Sus / 2018 / PN.Jkt.Sel? Type of normative juridical research. The data source was obtained secondary data. The technique of collecting data was document study and analyzed qualitatively. Conclusion: 1) The application of crimes against the perpetrators of terrorism in case No.140 / Pid.Sus / 2018 / PN.JktSel according to Article 14 in conjunction with Article 6 of Law No. 5 of 2018 concerning Eradication of Criminal Acts of Terrorism The judge and the prosecutor agreed to impose the maximum sentence on the US defendant. 2) The judge's consideration of imposing the death penalty on the US defendant is seen from both juridical and non-juridical considerations