Introduction: The judge's legal considerations are one aspect of realizing the value of a judge's decision that contains justice and contains legal certainty. In deciding a case the judge must consider the juridical, sociological and philosophical truths.Purposes of the Research: Analyze and discuss the judges legal considerations against the mitigating testimony based on the decision of the district cour No. 396/Pid.B/2019/Pn.Amb)”. analyze and discuss the imposition of sanctions against the crime of rapoe based on decision No. 396/Pid.B/2019/Pn.Amb)”. Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach.Results of the Research: The results showed that the judge’s leal considerations in the decision No. 396/Pid.B/2019/Pn.Amb resulted in the defendant bein acquitted because of the weak evidence presented by the public prosecutor, namely there were no eye witnesses, expert witnesses and also Visum et Repertum which were not used as evidence. On the other hand, the defendant has a mitigating witness, where mitigating facts greatly influence the judgge in imposing sancsions. Based on this decision the judge that the intercourse was consesual, so the judge handed down an acquittal against the defendant.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.