Juridical Analysis of Fundamental Considerations of The Judge on Defendant’s Attitude at The Trial
Abstract
This research aims to determine the relevance of the principle of judicial independence in deciding or considering the judge's verdict on the defendant in criminal cases under trial. It also aims to identify the legal basis that judge used in delivering the verdict. This study used a normative research method, from various legal principles, legal systems, and statutory regulations. The specific case under investigation involved an issue of injustice that occurred during the trial, where the judge granted leniency to the defendant based on their courteous behavior during the trial. The focus of this research is on aspects that may be considered for leniency by the judge, one of which is the defendant's polite behavior during the trial. Polite behavior is not explicitly regulated in criminal law, making it necessary to further investigate the judge's considerations in granting leniency to defendants who behave politely during the trial. This research is based on Law Number 48 of 2009 concerning the judiciary.
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Achmad, Mukti Fajar and Yuianto. “Dualism of Normative & Empirical Legal Research,” 2004.
Adji, S. "Free Judicial State of the Law." Free Judicial State Law , 1980, 01.
Barda Nawawi Arief. “Law Enforcement Issues And Crime Control Policy.” Law Enforcement Issues and Crime Control Policies , 2001, 23.
Detik news. "Bripda Randy Was Sentenced Less For Being Polite And Never Been Punished." detiknews 2022
Harahap, and Sofyan Syafri. “Crisis Analysis of Financial Statements,” 2013, 484.
Herman Baker. “Ethics of the Legal Profession: Claim, Creed, Crystal Hammer of the Judges of Neo-Atlantis,” 2018, 21.
Mandaladitya. "Any Things That Eliminate, Reduce or Aggravate Criminals," 2017. https://www.dictio.id/t/hal-what-saja-yang-memhapuskan-mengurangi-atau-memberakan-pidana/3507.
Mukti, Arto. "Practice of Civil Cases in Religious Courts." Practice of Civil Cases in Religious Courts , 2004, 243.
Nurita, Ayutia. "Being Polite in Court Reduces Sentences, These Are the Facts." Ministry of Finance of the Republic of Indonesia , 2022. https://www.djkn.kemenkeu.go.id/artikel/baca/14847/Berlaku-Sopan-di-Pengdinding-Ringankan-Hukuman-Ini-Faktanya.html.
"Explanation of Article 17 of Law Number 8 of 1981 Concerning Criminal Procedure Code," no. 1(nd): 76.
PotensiBandung.com. “CHRONOLOGY Of Forbidden Love Randy Bagus Hari Sasongko And Novia Widyasari Until They Ended Drinking Cyanide Poison.” PotensiBandung.com, 2021. https://potentialbadung.mind-rakyat.com/events/pr-1623159647/kronologi-cinta-terlarang-randy-bagus-hari-sasongko-dan-novia-widyasari-Jadi-berujung-minum-racun-sianida?page=3.
President of the Republic of Indonesia. "The Criminal Code." Ministry of Justice 5, no. 1 (1958): 1–133.
Rohman, Moh Mujibur, Ady Purwoto, Mia Amalia, Zonita Zirhani Rumalean, Muhamad Romdoni, Fitriyah Ingratubun, Ria Anggraeni Utami, BR Wahyudi, Dian Eka Kusuma Wardani, and Abdul Hamid. “Principles of Criminal Law,” 2023.
Simanjuntak, Enrico. “Journal of Law and Justice.” Journal of Law and Justice 6, no. 3 (2017): 387.
Sugali. “Juridical Considerations,” nd https://sugalilawyer.com/pertimbangan-yang-juridical/.
Sumardjono, Maria SW "Guidelines for Making Research Proposals." Yogyakarta: Faculty of Law UGM , 1989, 24.
Suseno, Franz Magnis. “Searching for a Figure of Democracy A Philosophical Study,” 1995, 1–133.
"Interview with Judges of the High Court of the Supreme Court," nd
DOI: http://dx.doi.org/10.26623/julr.v6i3.7313
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