Analysis Of Judges' Decisions On Criminal Offenses In Accessing Other People's Electronic Systems Without Rights (Research Study of Decision Number 9/Pid.Sus/2021/PN Pli)

Authors

  • Camelia Billah Puteri Universitas Malikussaleh
  • Joelman Subaidi Universitas Malikussaleh
  • Budi Bahreisy Universitas Malikussaleh

Keywords:

Crime, Access, Without Right, Judge's Decision

Abstract

This study aims to determine the legal rules related to the perpetrator of Accessing Electronic Systems Owned by Others in Decision Number 9/Pid.Sus/2021/PN Pli and how the analysis of the judge's decision on this criminal offense. Based on this, it can identifÿ how the judge's consideration in deciding the case regarding Accessing Electronic Systems Owned by Others Without Rights and how the punishment of the perpetrator. In this study using court decision Number 9/Pid.Sus/2021/PN Pli using data collection techniques in the form ofliterature on primary legal materials, secondary legal materials, non-legal chapters that have been obtained. Based on the results ofthe study, it is known that the application of sanctions for the perpetrator that the defendant is threatened with imprisonment for 6 years and a maximum fine of 600 million. The panel of judges of the Pelaihari District Court has considered all the evidence submitted by the public prosecutor as well as the facts revealed at trial, the judge has considered juridical matters such as the defendant, charges, witnesses, and evidence but not non-juridical considerations where the defendant misused knowledge of Information Technoloxyr so that the consequences of these actions were very detrimental to others and very disturbing to the community. However, the Panel of Judges of the Pelaihari District Court decided that the criminal sanction against the defendant was only imprisonment for 2 years and 6 months and a fine Of Rp. 800.000,000.00. This light punishment is afraid of repetition and does not create a deterrent effect for the defendant.

Author Biographies

Camelia Billah Puteri, Universitas Malikussaleh

Faculty of Law

Joelman Subaidi, Universitas Malikussaleh

Faculty of Law

Budi Bahreisy, Universitas Malikussaleh

Faculty of Law

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Published

2024-12-31