PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA TERHADAP TINDAK PIDANA PEMERASAN YANG DILAKUKAN SECARA BERSAMA-SAMA DAN BERLANJUT (Studi Perkara Nomor 267/Pid.B/2021 PN Jkt.Pst)

Abstract

ABSTRAK The criminal act of extortion that is carried out jointly and continuously is regulated in Article 368 jo. Article 55 (1) jo. Article 64 (1) of the Criminal Code. The defendant HP was legally proven to have committed a criminal act of extortion which was carried out jointly and continuously.Formulation of the problem: 1) How is the application of the crime of extortion which is carried out jointly and continues with the case study 267/Pid.B/2021 PN Jkt.Pst? 2) What are the judges' considerations in the criminal act of extortion which is carried out jointly and continues with the case study 267/Pid.B/2021 PN Jkt.Pst? Types of normative juridical research; data sources from secondary data; document study collection techniques; the data were analyzed qualitatively. Conclusion: 1) Application the judge in case number 267/Pid.B/2021 PN Jkt.Pst has fulfilled the elements of a criminal act contained in Article 368 jo. Article 55 (1) jo. Article 64 (1) of the Criminal Code in which the panel of judges sentenced to imprisonment for 2 years and 6 months. The application of this crim, including below the special maximum limit 2) In giving a verdict, the judge considers the juridical aspects in the form of the prosecutor's indictment, the statements of witnesses and the defendant, as well as the prosecutor's and non-juridical demands in the form of aggravating and mitigating the defendant.