ANALISIS PUTUSAN HAKIM YANG KELIRU DALAM MENENTUKAN KUALIFIKASI PELAKU PADA PUTUSAN PERKARA NOMOR 50/PID.B/2023/PN.YYK

The judge's decision is the crown of a case being examined so that in making a decision the judge must consider all aspects of the decision. The verdict handed down by the judge is one thing that becomes a benchmark for legal purposes, it must be considered whether the defendant gets justice and legal certainty, and no less important whether the verdict provides benefits for the defendant and the general public. For this reason, the judge needs to give consideration in accordance with the legal facts obtained at the trial in order to know the things
behind the verdict.
This type of research is juridical-empirical (socio-legal research). The juridical legal approach is carried out by identifying and conceptualizing law as norms, rules, legal regulations that apply at a certain time and place as a product of a certain sovereign state power which is then often also referred to as doctrinal legal research
The result of this study is to analyze one of the judges' decisions of the Yogyakarta. District Court in case number 50/Pid.B/2023/PN. The judge has mixed up the word "inclusion" in Article 55 paragraph (1) of the Criminal Code "participating" and Article 56 paragraph (1) "assisting to do" in the ruling. Basically, it cannot simultaneously be said that the word "inclusion" of Article 55 paragraph (1) of the Criminal Code "participates" and Article 56 paragraph (1) "helps to do" be made 1 (one) in the sentence of the verdict and this causes errors in determining criminal qualifications.