PENGGUNAAN ALASAN SOSIOLOGIS SEBAGAI DASAR TERBITNYA SURAT KETETAPAN PENGHENTIAN PENUNTUTAN OLEH KEJAKSAAN KAITANNYA DENGAN PASAL 140 AYAT (2) HURUF A KUHAP
The study aimed at: (1) understanding the existing problem in the Act No. 8 of 1981 on Criminal Code and subsequently describing the relevance of verse (2) of article 140 in the issuance of the decision paper of prosecution cessation. (2) explaining the sociological cause used by the attorney genera...
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| Main Authors: | , |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2011
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| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/89256/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=51775 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | The study aimed at: (1) understanding the existing problem in the Act No. 8
of 1981 on Criminal Code and subsequently describing the relevance of verse (2) of
article 140 in the issuance of the decision paper of prosecution cessation. (2)
explaining the sociological cause used by the attorney general as the basis of the
issuance of decision paper of prosecution cessation.
It used normative and juridical method, which began with the presence of
legal cause abd the effort to find its reference in the existing legal norms. It was
conducted by examining documents, positive laws and related literatures that
represented secondary data. The presence of the intensity and the relevance became
the basis in determining legal materials as primary, secondary and tertiary legal
materials.
The results of the study showed that the sociological cause was not stipulated
in the point of the verse (2) of the Article 140 of the Criminal Code. Therefore,
juridical-normatively the sociological cause was contradiction with the stipulation
and hence it could not be used as the basis of the issuance of the decision paper of
prosecution cessation. It was more appropriate to use the cause as the basis of the
implementation of the oportunity principle by the attorney general. The attorney
general used the cause for law enforcement purpose in corruption eradication
considering the prevailing situation that did not enable a case to submit for trial
because it inflicated more disadventages than usefulness. |
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