PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PIDANA BERSYARAT

Abstract

The basis of judges' consideration is a foundation which will result in judgments against all types of punishment including conditional punishment. The basic considerations of the Judge in the determination of the conditional penalty appear to be the principle of the individualist Judge, the alternative system of punishment, and also the view rather than the protection victim. Although it is written in our criminal law, it is never found a rule that outlines the guidelines used by the Judge as a basis for consideration in criminal detention. This tends to bring consequences because there is no basis for the Judge as a guide to provide the basis for such considerations. To examine the judges' considerations in the various decisions can be seen from 2 (two) categories, namely categories of juridical and non-juridical.

The conditional imposition of a criminal under which there are general and special terms is a special feature of conditional criminal only. In relation thereto, the condemned prisoner shall be given a derivative of the decision of the Judge and shall be given explanation either verbally or in writing of any understanding concerned with the conditional penalty. The conditional imposition by the judge may be the solution of solving the problem of the capacity of prison in Indonesia which has been overloaded. Therefore, the application of the conditional penalty itself is considered necessary as an alternative punishment of the current imprisonment sanctions.