Gaol, Yelda Oktryanty Lumban (2023) Tinjauan Yuridis Pembuktian Pertimbangan Putusan Hakim Terhadap Tidak Pidana Turut Serta Memperdagangkan Handphone Ilegal Di Kota Pekanbaru (dalam Putusan Nomor :759.pid.sus.2020.pn Pbr). Other thesis, Fakultas Hukum.

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Abstract

In the life of this modern era, mobile phone products are an important part of various aspects of the field. Therefore, it cannot be separated from the positive and negative impacts of using the cellphone itself. One of the negative impacts is individuals who deliberately take advantage of the situation by illegally trading cellphones that are incomplete, either with an unregistered IMEI or not using a warranty card, which makes the price of cellphones not in accordance with the actual price. The law regulates the illegal sale. Illegal cell phone sales are regulated in Law Number 20 of 2016 concerning Brands, because this illegal product is included in the misuse of the Brand of an item that is misused. The purpose of this study was to find out the process of proving the crime of participating in trading illegal cellphones in the city and to find out the considerations of the judge's decision regarding the case study case number 759/Pid.Sus/2020/PN Pbr. This research uses a normative research method that refers to the law of literature. This research was conducted based on documents and other legal materials and understanding and studying the decision files for Case Number 759/Pid.Sus/2020/PN Pbr. The results of this study explain that the decision-making process in proving the crime of participating in trading illegal cellphones is based on evidence as contained in article 184 of the Criminal Code (KUHAP) before the trial accompanied by evidence obtained from the public prosecutor and police. The judge handed down a sentence of imprisonment for 2 (two) months against the defendant Astuti Binti Sukar who was proven to have fulfilled all elements of the offense of committing the crime of participating in producing and/or trading goods that did not meet the required standards and provisions of laws and regulations and did not comply with the conditions, guarantees, privileges or efficacy as in the single indictment of the Public Prosecutor

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