PERTIMBANGAN FAKTA HUKUM DALAM PERKARA NO 141/PID.B/2024/PN MALANG

This thesis is titled “Consideration of Legal Facts in Case No. 141/Pid.B/2024/PN Malang” and aims to analyze in depth the application of law in a case of severe assault resulting in serious injury. This study emphasizes the factors influencing the judge's decision-making process and analyzes the implementation of victims' rights, which remain suboptimal within Indonesia's criminal justice system. The author uses primary data obtained through interviews with judges and a literature review of relevant regulations and criminal law literature. The study reveals that despite the victim in this case being protected by the Witness and Victim Protection Act, their rights, such as the right to compensation and medical expenses, have not been fully fulfilled. In addition, this study also discusses how non-legal factors, such as the defendant's background and the social impact caused, influence the judge's decision in determining a fair sentence. The results of this study are expected to contribute to improving the protection of victims' rights and fairer legal considerations in criminal court practices in Indonesia.