Penerapan pasal 55 dalam perkara tindak pidana pemalsuan (studi kasus perkara pidana NO.677/PID.B/2015/PN.BIL.Tahun 2016 ).

Maharidzal, . (2018) Penerapan pasal 55 dalam perkara tindak pidana pemalsuan (studi kasus perkara pidana NO.677/PID.B/2015/PN.BIL.Tahun 2016 ). Bachelor (S1) thesis, Wijaya Kusuma Surabaya University.

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Abstract

Research entitled"the application of article 55 in cases of counterfiting crimes ( case study number 677/PID.B/2015/PN.BIL. Year 2016). Aiming to basic judge’s consideration in making decisions there are 3 factors, which are related to juridical aspects (legal certainty), sociological aspects (legal benefits), and philosophical aspects (justice). Judges in making their decisions are reduced by the provisions of the applicable law. An independent judge is free in determining the maximum and minimum of ciminal law, but the judge’s consideration in imposing a decision is limited by the existence of a type of criminal, the duration of the criminal threat, and the execution of the crime. The issues discussed are whether the basis of the judge's judgment in determining the criminal, whether the criminal element has been fulfilled as contained in article 263 of the Criminal Code in Conjunction with article 55 of the Criminal Code. And how is the legal power in the judge's decision that goes beyond the provisions of the law. The research used is a normative juridical approach. Data sources used are primary data and secondary data. Processing results are analyzed qualitatively to get the research conclusions. Based on the results of research and discussion can be concluded consideration of the judge in making crimes are beyond the provisions of the law or the judge's decision is not fulfilled the element of criminal, is grounded in the theory of evidence and statements of witnesses with a view of the aggravating factors that defendant harm others, act Defendant disturbing the public, and the defendant did benefit themselves, there is no peace between the defendant with the victim, while the things that ease which the accused have not been convicted, the defendant was sorry and would not repeat his actions. The judge also considered the theoretical approach to art and intuition that conviction the judge in making the decision will adjust to the situation and the appropriate punishment for each offender. The power of the judge's decision No.667/PID.B/2015/PN.BIL year 2016. Many irregularities do not match what the defendant did, because the defendant did not commit a fraud of diploma as referred to in article 263 of the Criminal Code, and also never helped the process of falsifying a diploma as referred to in article 55 of the Criminal Code. The judge in deciding the case must be based on the legal provisions of article 183 of the Criminal Procedure Code concerning the beginning of the trial and the conviction of the judge which is the legal basis. According to Article 183 Criminal Procedure Code states not fulfilled its criminal element led to the judge's ruling should acquit the accused by law. But as long as the decision of the court already has permanent legal force then it must be implemented decisions or be executed so there is no doubt in the decision, but if there is any doubt in this decision the defendant may apply for injunctive remedies such as appeal, appeal, judicial review to the Supreme Court to surrender new evidence. Advice given is the author suggested judges in considering criminal punishment must consider the maximum and minimum limits of the defendant. As well as suggested defendant filed a legal action against decisions that are not based on the provisions of law. Keywords: Judges in their decisions must be fulfilled by criminal elements.

Item Type: Thesis (Bachelor (S1))
Uncontrolled Keywords: Judges in their decisions must be fulfilled by criminal elements
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Master in Law Sciences Study Program
Depositing User: Mahariszal .
Date Deposited: 05 Oct 2018 03:30
Last Modified: 11 Oct 2018 03:29
URI: http://erepository.uwks.ac.id/id/eprint/2798

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