PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN TERHADAP TINDAK PIDANA PENIPUAN (Studi Kasus Perkara No. 160/Pid.B/2012/PN.PDG dan No. 176/Pid.B/2012/PID.PDG

Abstract

The consideration of judge in giving the verdict refer to judicial consideration, evidence that has been uncover in the court, the explanation of whiteness, supported facts in the court and the belief of judge. The criminal act was regulated to the article 378 KUHP. The formulation of this research 1) how the consideration of judge in establishing the verdict to the persecutor of  criminal act of deception in the court class I A Padang and 2) how the implementation of punishment by the judge toward the actor of criminal act in the court class I A Padang. Method of research was normative with research type of normative juridical with qualitative analysis. The result of research showed that the judge consideration to establish the verdict at the court based on uncover facts of law in the court either victim, whiteness explanation persecutors’ information and real evidence at the court. The judge consideration in the implementation of material criminal law to the persecutor Nurdin alias Nurdin and Irvan Efendi alias  Irvan was correctly, because the judge have been considered the light and heavy things to the persecutor. The verdict was established by judge to the first case was enough heavy, 2 years and 6 months, lack of 6 months from the claim of general attorney, however in the second case, the verdict was still light because just established 1 years and 8 months in undergoing the jail, while the claim of  general attorney about three years. The implementation of article 378 KUHP where the persecutor was truly has been done the deceptive criminal.    

Key words,     consideration of judge, deception, criminal act, verdict