PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PIDANA DENDA DIGANTI DENGAN PIDANA KURUNGAN DALAM TINDAK PIDANA NARKOTIKA ( STUDY DI PENGADILAN NEGERI KLAS 1A PADANG)

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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.
Keywords: Judge , Fines , sKurungan , Narcotics
Penulis: Angga Deswanto, Syafridatati, Deaf Ramadhani
Kode Jurnal: jphukumdd141624

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Jp Hukum dd 2014