ANALISIS YURIDIS PERTIMBANGAN HAKIM DALAM PERKARA PENODAAN AGAMA (Studi Kasus di Pengadilan Negeri Surakarta)

Abstrak

The aim of this research is to know the examination of the case process and as the base of judge consideration to make criminal decision for the person who do judicial. Defamation of religion. The kind of this research is a descriptive researching and if we seen from the nature is a normative legal research. Its supported with empirical data. The Location of this research is in Surakarta District Court. The type of data used are secondary data as the main data and primary data as supporting data. Data collection techniques used is through the study of literature. Analysis of data using qualitative data analysis. Based on the research conducted is obtained that the inspection process criminal cases of blasphemy in Surakarta District Court covering the opening of the court, the examination identity of a defendant, the reading of the indictment, filing exceptions, verification, requisistor, reading defence, replik and duplik and also the reading of the verdict. While the basics of the judge consideration in decisions on criminal defamation of religion is of the facts in court that defendant has met the elements against with the Article Number 156 a of KUHP (Criminal Code of Conduct). Based on the evidence in the court proved that the defendant had issued a statement which is a criminal offense of blasphemy, the statement of the defendant accused assessed convoluted and inconsistent, there is no legal facts that can be used as an excuse or justification, Nothing that relieve and there are things that incriminate the accused Keywords : Defamation Of Religion