An Analysis on the Judges’ Consideration Basis in Penalizing the Actor of Cultural Conservation Object Vandalism; Case Study in Decree of the State District of Mojokerto Number: 52/Pid.Sus/2018/PN. Mjk

Abstract

The existence of ancient and cultural conservation objects are prone to damage, loss, and ruin. It is caused by either natural factor or the human’ behavior. Law enforcement against the criminals who intentionally not reporting the object presumed as Cultural Conservation Object on the Decision of the District Court of Mojokerto number: 52/Pid.Sus/2018/PN. Mjk which state that the defendant, Fendi Andriyanto Bin Badri, has been legally and conclusively proved guilty by committing crime for “intentionally not to report the findings that is presumed as a cultural conservation object and because of it, the judge sentences the defendant with 7 (seven) month of imprisonment and Rp.1000.000,- (one million rupiahs) penalty and if that penalty is not paid, it shall be substituted with 2 (two) months of imprisonment. This study was classified as a normative legal study by employing primary and the secondary data obtained from literature study. Based on the findings of the study, the basis of the judge’ consideration in subjecting the penalty was based on the aspect of  certainty, fairness, and benefits of law based on the evidence materials proposed in trial, the witness’ testimony, the defendant’ testimony, the expert information, trial fact, and all the lightening and burdening things.