Abstrak :
The existence of the principle of freedom for judges in making decisions causes a
Dissenting Opinion. The object of this research is The Verdict Number
678/Pid.B/2020/PN Bms. The purpose of this study is to find out the basis for the
consideration of minority and majority judges so that it causes a difference of opinion
or Dissenting Opinion . The research method in this case is normative juridical with a
statutory approach and an analytical approach. The research results of this study
indicate that judges in the implementation of Dissenting Opinion in Case Number
678/Pid.B/2020/PN Bms have been in accordance with Law Number 48 of 2009
concerning Judicial Powers that during confidential judges' deliberation meetings, each
The judge has given his opinion. These considerations have also been included in the
decision. The opinion of the majority of judges are that the Defendant has fulfilled all
the elements in Article 351 paragraph (1) of the Criminal Code which consists of
elements whoever, purposely, cause discomfort, pain or injury. Minority Judges
conduct a Dissenting Opinion with the view that one of the elements, namely the
element of purposely in Article 351 paragraph (1) of the Criminal Code is not fulfilled.
Keywords : Judical independence, Dissenting Opinion, Purposely, Crime of
Persecution
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