ANALISIS YURIDIS KEKUATAN HUKUM YURISPRUDENSI SEBAGAI DASAR PERTIMBANGAN HAKIM DALAM MEMUTUS TINDAK PIDANA PERZINAHAN (Studi di Pengadilan Negri Kelas I A Tanjung Karang)

Abstract

The role of jurisprudence in Indonesia is so important, apart from being a
source of jurisprudential law, it becomes a guide for judges in deciding cases.
Jurisprudence is a court decision that has permanent legal force. There are weaknesses
in the formulation of Article 284 of the Criminal Code, so judges can make a kind of
legal discovery by exploring the values prevailing in society in order to decide court
cases. The problems in this study are as follows: 1) How is the legal force of
jurisprudence as the basis for judges' considerations in the settlement of cases of
adultery; 2) How is the determination of jurisprudence as a binding source of law in
reflecting a sense of justice, providing benefits and guaranteeing legal certainty. This
research method uses a normative juridical approach obtained from literature writing
(Library Research) and Field Research (Field Research) using secondary and primary
data, and data analysis with qualitative juridical analysis. The results of the study show
that it is the judge who is most responsible for incorporating or combining juridical and
non-juridical elements through the decisions he makes. However, the threatening
decision handed down by the judge also does not provide a deterrent effect to the
perpetrators and cannot be used as a lesson for other parties who have the potential to
commit the crime. A judge's decision must not only be fair, but must be beneficial for the
person concerned and the community and guarantee legal certainty. The suggestion
submitted is that it is hoped that judges who handle adultery crimes in the future take
into account social, cultural and moral values that apply in the midst of people's lives,
and not only base their decisions on juridical provisions alone.