PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PIDANA DENDA DIGANTI DENGAN PIDANA KURUNGAN DALAM TINDAK PIDANA NARKOTIKA ( STUDY DI PENGADILAN NEGERI KLAS 1A PADANG)
ABSTRACT: In a court decision
handed down in the trial court judge , the narcotic crime judges often impos a
fine in lieu of imprisonment . If the convicted person is unable to pay the
fine , it can be replaced with imprisonment . The following issues : 1 ) How does
the consideration of judges in imposing criminal penalties to be replaced with
a substitute imprisonment penalties ,2 ) How to determine the ratio between the
amount of the fine with the length of confinement lieu of fines , 3 ) Is
constraints encountered the judge in determining the amount of the fine
calculation with the length of confinement replacement . Type used is the
juridical sociological research . In this study the author uses primary data
and secondary data . Primary data were obtained by conducting interviews ,
secondary data obtained from the study kepustakaan.Teknik data collection
through interviews and document research . Were analyzed qualitatively . From
this study it can be concluded : 1 ) consideration of the judge in a criminal
verdict replaced fines to imprisonment , in addition based on the existing
regulations on how the calculation of conscience and belief hakim.2 ) In
determining the ratio between the amount of the fine with the length of
confinement substitute judge fines sticking to the Criminal Code and Perma No.
2 of 2002 . 3 ) The constraints are met the judge in determining the length of
confinement calculation lieu of fines as set forth in the book of the Law of
Criminal Law ( Penal Code ) the nominal amount per day is too small and no
longer in line with the value of money at The present time.
Penulis: Angga Deswanto, Syafridatati,
Deaf Ramadhani
Kode Jurnal: jphukumdd141624
