PERTIMBANGAN HAKIM DALAM PENJATUHAN PIDANA TERHADAP RESIDIFIS YANG MELAKUKAN PENCURIAN (Studi Kasus: Pengadilan Negeri Klas I A Padang)

Abstract

Residifis is an ex-convict who committed the crime again that where the crime had been done
previously been sentenced by a judge and has had permanent legal force, can disturb society
residifis much as detrimental as well as create fear and chaos in-the people who want peace
and peace, therefore, in criminal law, residifis is one thing that is burdensome penalties.
Issues addressed are: (1) What accounts for the judge to convict residifis on the crime of theft
in the District Court of Class IA Padang? (2) How to residifis criminal application of the
criminal offense of theft in the District Court of Class IA Padang ?. To answer the above
problems, the authors conducted a study with a juridical approach sociological research
using primary data obtained from interviews, secondary data such as documents and crime
statistics relating to residifis. The data obtained were analyzed qualitatively. From the results
of this study concluded: (1) Consideration of the judge in the verdict against recidivist
offenders, aggravating things are: The act of disturbing the public defendant, the defendant
has been convicted, and out of prison During the month February 2014 the defendant has
seven (7) time motorcycle theft. Then the judge consideration in decisions against recidivist
offenders in terms of mitigating circumstances, namely: The defendant admitted frankly, and
the defendant regretted his actions. (2) The application of penalties in the case of decision
number. 528 / Pid.B / 2014.PN.PDG enforced minimum
Keywords: Considerations, judges, residifis, theft
Keywords: the judiciary, molestation, the police a student of