ANALISIS PUTUSAN BEBAS PERKARA TINDAK PIDANA PENCABULAN BERDASARKAN TEORI GUSTAV RADBRUCH (Studi Kasus Putusan Nomor 138/Pid.Sus/2019/PN. Son)

The judicial power is free to uphold law and justice. In this case, it also includes the freedom of judges in legal considerations and deciding on a criminal act or case to be tried. Basically, every decision taken by the judge in deciding a case must be based on norms and rules. However, in fact, there are several judges' decisions that are considered not in accordance with laws and regulations. For example, in the Sorong District Court Decision Number 138/Pid.Sus/2019/PN. Son. This decision discusses related to the free verdict handed down by the judge for the defendant with the crime of obscenity. This study was made to examine and analyze the judge's considerations in deciding and imposing a free verdict in decision number 138/Pid.Sus/2019/PN. Son is in accordance with the actions committed by the defendant and whether the defendant proposed the defendant's wife to be a favorable witness for the defendant in this criminal case of obscenity is in accordance with Article 65 jo Article 168 of the Criminal Code. The research method used is a normative approach method sourced from theories, concepts, principles and laws and regulations as well as an approach to decision examination and case approach. The result of this study is Court Decision Number 138/Pid.Sus/2019/PN. Son is not in accordance with the defendant's actions However, the elements of the article charged clearly prove that the defendant has committed a criminal act of obscenity.