PERTIMBINGAN HAKIM TERHADAP PELAKU TINDAK PIDANA SECARA BERSAME- SAME MENYELENGGARAKAN SATUAN PENDIDIKEN YANG DIDIRIKAN TANPA IZIN PEMERINTAH (Studi Putusan Nomor 130/Pid.Sus/2016/PN.Tbk)

Abstract

ABSTRAK The implementation of education must obtain government permission as regulated in the National Education System Law. However, there are still educational units that were established without a permit, as found in the case of decision no. 130/Pid.Sus/2016/PN.Tbk. The formulation of the problem: 1) How is the criminal responsibility for criminal acts together to provide education without the permission of the decision number 130/Pid.Sus/2016/PN.Tbk? 2) How is the judge's consideration of the perpetrators of joint crimes conducting education without the permission of decision no. 130/Pid.Sus/2016/PN.Tbk?. Types of normative legal research; sourced secondary data (primary, secondary, and tertiary legal materials); technique of collecting data. a study document; the data were analyzed qualitatively. Conclusions: 1) The defendants were found guilty because they had fulfilled the elements of criminal responsibility, in the form of strict liability, 2) Juridical and non-juridical considerations of judges.