ANALISA YURIDIS PUTUSAN HAKIM PENGADILAN NEGERI JEMBER NOMOR: 949/Pid.B/2008/PN.Jr TENTANG PENGANIAYAAN GURU TERHADAP MURID DENGAN TERDAKWA HARTIANI

YANUAR WAHYUDI, WIMAR (2009) ANALISA YURIDIS PUTUSAN HAKIM PENGADILAN NEGERI JEMBER NOMOR: 949/Pid.B/2008/PN.Jr TENTANG PENGANIAYAAN GURU TERHADAP MURID DENGAN TERDAKWA HARTIANI. Other thesis, University of Muhammadiyah Malang.

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Abstract

Judges Decision is the culmination of the judicial process that determines whether or not the defendant guilty in court. Because judges decision is influence to destiny defendant. The author of this thesis will present the issue of Judge Number Is verdict: who decides 949/Pid.B/2008/PN.Jr prison sentence of 6 (six) months with 1 (one) year probation on Hartiani defendant meets the formal aspects of legal certainty and material? Is the verdict Judge Number: 949/Pid.B./2008/PN.Jr meets justice aspects in the sense of balance between the defendant act with the punishment imposed and the rights of children as victims? and whether the decision of Judge Number: 949/Pid.B./2008/PN.Jr has fulfilled its utility aspects related to state efforts to protect the rights of children? This study using a normative juridical writing method. Types of legal material used is the primary legal materials, namely; KUHAP, KUHP, the Law Judicial Authority Law, the Child Protection Act, and the decision of District Court Judge Jember Number: 949/Pid.B/2008/PN.Jr. Later on in the form of secondary legal materials, books, journals, magazines, internet, articles. And tertiary legal materials and Encyclopedia of Dictionaries. Through this writing to get the results that the decision of District Court Judge Jember it does not meet the material aspects of legal certainty, because it does not fulfill the provisions in Article 143 Paragraph (2) letter b KUHP. So that the material aspects of legal certainty is not required, and the result is annulled by the decision to law, fulfillment aspect perceived fairness to the defendant only because sacrifice in jurisdiction not get their due. From the aspect of utility, should be punishment for the accused judges more discretion to the Law on Child Protection of the KUHP so that the bias is not beneficial to the people who know the verdict. The author can conclude that in conducting examinations and sentenced, judges paying less attention to the Law on Child Protection as the basic law judge's consideration, but the KUHP.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anggit Aldila
Date Deposited: 10 Jul 2012 06:00
Last Modified: 10 Jul 2012 06:00
URI: http://eprints.umm.ac.id/id/eprint/11709

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