Analisis Perbedaan Pertimbangan Hakim pada Putusan Lepas dari Segala Tuntutan dan Putusan Pemidanaan Tindak Pidana Penipuan ( Studi Putusan : Pengadilan Negeri No.734/Pid.B/2017/PN.JKT.Sel, Putusan Pengadilan Tinggi No.325/PID/2017/PT.DKI, Putusan Mahkamah Agung No. 245 K/Pid/2018)

Abstract

The court plays a role in the process of justice so that the court must be free and can make decisions without being influenced by any party and in any form, but the freedom of the judge is not to give freely but is limited by the rules. Before the judge decides a case, the judge makes legal considerations to be able to decide a case, the judge's consideration is the most important part in realizing the value of a decision that contains justice and legal certainty. One of the fraud cases that was sentenced to release from all legal charges at the Central Jakarta High Court in 2017 with the defendant Ir. Putranto Soedarto. This case was sentenced to release from all legal charges by the high court judge, where the decision was different from the court decision and the supreme court decision. So how are the regulations regarding the crime of fraud and the regulations regarding the authority of the judge, how are the regulations regarding the basis for the judge's considerations, and the reasons for the differences in the judge's considerations at each level of justice. The research method used in this thesis is normative legal research, with data collection through library research by analyzing District Court Decision No. 734 / Pid.B / 2017 / PN.JKT.Sel, High Court Decision No. 325/PID/2017/PT.DKI, Supreme Court Decision No. 245 K/Pid/2018). The results of the study found that judges can determine the existence of material truth during the trial which includes the process of examining witnesses, examining the defendant, and examining evidence to determine whether or not someone accused of committing a crime is guilty. To provide considerations in making a decision, of course, the judge has difficulty. Because the incident to be proven is evidence that occurred in the past, so the possibility of evidence for the incident has changed from its original state. Based on this study, the differences in judges' considerations at each level of justice provide different perspectives and analyses. The differences in judges' considerations depend on the judge's assessment of the trial facts and the application of the correct law. So with the judge's considerations regarding the fulfillment of the elements of the charged article, it is connected to the legal facts and evidence that are in accordance with the authority and duties of the court that examines evidence from a case and determines the facts of the case. This confirms that the tiered trial process has an important role in efforts to find justice and material truth in the Indonesian criminal justice system.