An action which could be stated as criminal action if that action was forced
by the punishment based on the regulation of criminal code and the perpetrator could
be punished if he has been proven as guilt and could take the responsibility of his
guilty, and if the judge got the faith that the accusation or the sue is proven, and that
the person is able to responsible on his guilty, thus the judge certainly will decide a
punishment toward him. Before deciding someone in a conference in court is accused
as guilt by conducting criminal action and from the result of investigation, thus the
judge got the faith that the accusation or the sue is proven and that the person is able
to responsible on his guilty, thus the judge certainly will decided a punishment
toward him. Before deciding a punishment of jailing, the judge should consider some
matters which are weighing against or lightening the punishment, either perceived
from the type of the punishment, the low and the high level of punishment such as the
minimum and the maximum of criminal action which is sued toward the defendant,
and also it could be seen from the way of envorcing the punishment. To decide a
punishment, the judge should consider whether the aspect could happen actually and
the normative and juridical aspects. By considering the matters which is weighing
and lightening to the punishment and to know the data in detail on the defendant and
the crimes which has been conducted by him, and also firstly it shouldbe proven at
least by 2 (two) verification materials which is valid, and the defendant is proven as
guilty in conducting criminal action which is accused, thus the judge could decide the
appropriate punishment, thus the punishment could be effective, appropriate and fair.