ANALISA PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA BAGI PELAKU TINDAK PIDANA TURUT SERTA MELAKUKAN TINDAKAN PERZINAAN (PADA PERKARA : NOMOR 147/PID.B/2013/PN. NGAWI)

Abstract

Adultery is sexual intercourse committed by a man to a woman who is not his mahram or is legally married to a woman or a man. The crime of adultery is regulated in the Criminal Code Article 284 of the Criminal Code. As contained in decision number 147/Pid.B/2013/Pn. Ngawi. Formulation of the problem: 1) What is the judge's consideration in imposing a sentence on the perpetrator of the crime participating in the act of adultery in Case Number 147/Pid.B/2013/PN Ngawi?. 2) What is the application of the crime to the perpetrator participating in the act of adultery in Case Number 147/Pid.B/2013/PN Ngawi? The type of research used is normative juridical; data sources used secondary data (primary, secondary, and tertiary legal materials); data collection techniques with document studies; data analyzed qualitatively. Research results: 1) Judge's Considerations in Dropping Criminal for the perpetrators of the crime of participating in committing the act of adultery (in the case: Number 147/Pid.B/2013/PN. Ngawi) in the form of juridical and non-juridical considerations; 2) In the criminal act, the perpetrator participated in the act of adultery. In Case Number 147/Pid.B/2013/PN Ngawi, the Panel of Judges sentenced the perpetrator to a prison sentence of 4 months.