The basic consideration in the judge ruled that the severity tailored to the offender detention period in terms. The purpose of this study is to know the basic considerations in the judge to decide that the severity is adjusted to the period of detention of the perpetrator in terms of the purpose of punishment. The type of research used is normative legal research The basic considerations in decisions assessing the severity adjusted for the period of detention are Article 95 paragraph (1) of KUHAP. Concerns over the majority of judges found that the period of imprisonment handed down will be legally debated by the defendant, and will make noisy or controversial news. For this reason, one of the reasons is the misinterpretation of Article 95 Paragraph (1) of KUHAP and its explanation. In giving the verdict. Keywords : Judge Considerations, Decisions, Prisoners Period