Tinjauan Yuridis Terhadap Pertimbangan Hakim Dalam Putusan Perkara Pidana Yang Telah Terjadi Perdamaian Dalam Proses Persidangan Sebagaimana Perkara Nomor 41 PID B 2025 PN PBL

Abstract

This study aims to determine and analyze the legal considerations of judges in deciding cases of theft with violence. The research method used is normative juridical with a statutory and conceptual approach. Data were obtained through literature studies and analyzed qualitatively. Although normatively in criminal law (KUHP) peace does not immediately eliminate criminal charges except in complaints, in practice, judges often use the peace as a basis for consideration in making decisions. The main problem in this study is how the legal position of peace that occurs in court and how the ratio of the judge's legal considerations in deciding the case is related to the values of justice and legal certainty. Thus, the judge needs to ensure that the peace that occurs is truly due to the victim's fault, so that it has a deterrent and educational effect for the perpetrator.