Skripsi
IMPLICATIONS OF CORRESPONDENCE INFERENCE ATTRIBUTION THEORY & BEHAVIORAL JURISPRUDENCE THEORY: JUDGES’ CONSIDERATIONS ON CONSCIENCE
Introduction: This article analyzes the implications of the attribution
correspondence inference theory and whether the urge of conscience as
affect in the Defendant is the reason for the abolition of the sentence? also
behavioral jurisprudence theory on judges' considerations, where it's often
a discourse in Indonesia. It is necessary to explore the human values
contained in Defendant.
Purposes of the Research: The objectives of the research are: First, to
provide an analysis of how the theory of attribution correspondence
inference to the judge's considerations in determining the circumstances
that form the basis of sentencing and knowing whether the urge of
conscience as affect in the Defendant is the reason for the abolition of the
crime? Second, providing an analysis related to the urgency of behavioral
jurisprudence theory in creating fair decisions based on the conscience of
the judge.
Methods of the Research: The normative legal research method uses a
statutory approach, a conceptual approach, and comparisons with different
legal system which are based on library research in collecting research legal
materials.
Results of the Research: The results are: First, the attribution
correspondence inference theory can be used as consideration for judges’
considerations in determining to mitigate and aggravating circumstances in
Indonesia and with a study of criminal law and the theory that the urge of
conscience as affect the defendant can be used as a consideration of
mitigating circumstances for the defendant, as well as conditional
punishment. Second, the behavioral jurisprudence theory approach has
urgency in understanding the behavior of a person doing an act or the judge
in making a fair decision
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