PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA TERHADAP TERDAKWA YANG MELAKUKAN TINDAK PIDANA MENGHALANGI KEGIATAN PEMBANGUNAN PERUMAHAN YANG TELAH DITETAPKAN OLEH PEMERINTAH DAERAH (Studi Putusan Nomor 228/PID.SUS/2016/PN.SDA)

Abstract

Obstructing the process of community settlement development activities which is a government program, is a criminal act that violates Article 159 of Law Number 1 of 2011 concerning Housing and Settlement Areas. For example in the case of decision number 228 / Pid.Sus / 2016 / PN.SDA. Problem formulation: 1) How is the judge's consideration in imposing a criminal offense against a criminal who commits a criminal offense obstructing housing development activities that have been determined by the regional government in decision number 228 / Pid.Sus / 2016 / PN SDA? 2) How is the application of crime against the perpetrators of criminal offenses who commit criminal acts obstructing housing development activities that have been determined by the regional government in decision number 228 / Pid.Sus / 2016 / PN SDA? The type of research used is juridical normative; the data source comes from secondary data consisting of primary, secondary and tertiary legal materials; data collection techniques with document study; The data collected is analyzed qualitatively. Conclusions: 1) Judges 'judgments based on the public prosecutor's indictment, the defendants' testimonies, witness statements, evidence, violated regulations, and non-juridical considerations in the form of burdensome and mitigating matters. 2) Forms of criminal responsibility applied to the perpetrator is a form of absolute responsibility (strict liability) where in this case the perpetrator is proven to have committed a criminal act obstructing development activities without the need for further proof of the perpetrator's guilt.