Pola Penjatuhan Pidana Oleh Hakim Terhadap Dakwaan Kumulatif Dalam Putusan Nomor 83/Pid.Sus/ 2021/ PN Sgl

Abstract

This study aims to analyze and understand the sentence imposed by the judge on the defendant in decision Number 83/Pid.Sus/2021/PN Sgl. The application of the principle of best interests for children in reformulation policies relates to child victims of criminal acts of obscenity and theft with violence. The analysis is intended to examine and find out the suitability between the application of law and existing laws and regulations as well as the doctrines that have developed in legal scholarship. The application of the law in question is regarding the pattern of sentencing by judges in the cumulative indictments that are proven one by one regarding the articles against which the accused was charged, as well as the sentencing by judges reviewed based on the theory of concurrence (concursus). The research will be carried out using a juridical-normative method with a statutory and conceptual approach. To answer the legal issues in this study, the authors took inventory and analyzed primary and secondary legal materials relevant to the subject matter. The results of the research will determine the sentence imposed by the judge on the perpetrators of concurrent acts (concursus). This study concludes that there is a mismatch in imposing a sentence that is not in accordance with his actions in terms of the theory of concurrence (concursus).