KEBEBASAN HAKIM DALAM MENERAPKAN SANKSI PIDANA MINIMUM KHUSUS

AMIRUL FAQIH AMZA., 031070522 (2017) KEBEBASAN HAKIM DALAM MENERAPKAN SANKSI PIDANA MINIMUM KHUSUS. Disertasi thesis, Universitas Airlangga.

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Abstract

This title dissertation is "Independence of Judge In Applying Punishment for Specific Minimum Punishment". This dissertation research raised the legal issues about position and autonomy of the judge in the criminal justice, the ratio legis of minimum punishment criminal specific of Law, ratio decidenci of the judge's decision which deviate minimum punishment threshold in regulation. The methods this dissertation research is employs several approaches problems that us normative research methods, that is Statute Approach, Conceptual Approach, and Case Approach. This research concluded the independence of judges always relate with freedom of judges that is the judge's discretion. The independence of judges in deciding cases bound by the rules and regulations.The arrangement specific minimum criminal provisions in the law by the legislators intended to reduce the disparity by the judge when criminal punishment must be allow. The Judge’s decision in criminal case in legal considerations has the freedom with consider of the objectivite aspect and the subjective aspect of the judges. Strengthening the control and professionalism of judges in the position and independence of the judge in the criminal justice agencies. Need a revision in the regulation that arrange minimum punishment by eliminating that regulation. Judges in decided cases can lead to injustice. because the judge will be bound by the penal norms in the legislation. The judge in deciding a case should aim to uphold law and justice.

Item Type: Thesis (Disertasi)
Additional Information: KKB KK DIS.H.16/17 Amz k
Subjects: H Social Sciences > HV Social pathology. Social and public welfare > HV1-9960 Social pathology. Social and public welfare. Criminology > HV7231-9960 Criminal justice administration > HV7551-8280.7 Police. Detectives. Constabulary > HV8031-8080 Police duty. Methods of protection > HV8035-8069 Special classes of crimes, offenses and criminals
Divisions: 03. Fakultas Hukum > Dasar Ilmu Hukum
Creators:
CreatorsEmail
AMIRUL FAQIH AMZA., 031070522UNSPECIFIED
Contributors:
ContributionNameEmail
ContributorDIDIK ENDRO PURWOLEKSONO, Prof. Dr., S.H., M.H.UNSPECIFIED
Depositing User: mrs hoeroestijati beta
Date Deposited: 30 Oct 2017 23:19
Last Modified: 30 Oct 2017 23:21
URI: http://repository.unair.ac.id/id/eprint/65234
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