HARTANTO, YANI (2009) ANALISA YURIDIS NORMATIF PUTUSAN PENGADILAN NEGERI GRESIK NOMOR 384/PID.B/2008/PN.GRESIK DALAM TINDAK PIDANA PERKOSAAN ANAK DIBAWAH UMUR (Studi Penerapan Pasal 81 Undang-Undang Nomor 23 Tahun 2002 Tentang Perlindungan Anak Di Pengadilan Negeri Gresik). Other thesis, University of Muhammadiyah Malang.
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Abstract
Violation criminal act at children under age is a criminal act which is rapidly happen around us. Most at news that we heard from electronic media or printing media about violation at children under age is a reality that how susceptible the children position is too delicate from all at the threatening compulsion or delusion until become a victim at violence criminal act easily. By the accurse at laws number 23 years 2002 about children protection, hopefully can give intimidated attach to the doer at violation under age. This research formulate statements at the problem that are: (1) how is the foundation at law and judge’s consideration in deciding violation under age case is Gresik District Court? (2) How is the implication of chapter 81 laws number 23 years 2002 about children protection in Gresik district court? The methodology that is used in this research is juridical normative. The technique at collecting the data is interview with a judge who justice case number 384/Pid.B/2008/PN.Gresik and notes documentation or important documents like bundles at case, number at table cases, and others which is gain in the field that is in Gresik District Court as a place to get the data then the data that has gotten is analyzed with descriptive qualitative way. From the 4 (four) sexual criminal act case that is brought to Gresik District Court for January up to November 2008 based on the kind of violation criminal act is 1 (one) case white accused Kusnadi and the victim is Siti Indari. In assembly of public prosecutor prosecute the accused legally and surely had runner against chapter 293 verse 1 panel code at law (KUHP). Than judge at Gresik district court in his decision number 384/Pid.B/2008/PN.Gresik decided with what wrote in accusation letter and prosecution letter of public prosecutor of law. By the end council argues that accused has proved legally and surely had runner against chapter 293 verse 1 KUHP even though the laws that is more specific have proclaimed that is laws number 23 year 2002 about children protection. About decision that is given by council, it is important to know that based on chapter 182 verses 4 KUHAP decided that what a foundation of law and the consideration become. The judge must be founding on the accusation letter and what have proved in the law court investigation. From the research and discussion ending, we can conclude that in this decision, the council uses chapter 293 verse 1 KUHP even thought laws number 23 year 2002 about children protection have applied. It should based on principle “lex specialis derogate legi generalis” therefore the chapter which is demanded by the public prosecutor an than to be based on appointment with chapter 81 laws number 23 year 2002 about children protection. In the end of laws writing, there are some suggestion that is delivered by the writer. The firt is in taking decision of violation criminal act to the daughter under age, law endorsement apparatus should use principle “lex specialis derogate legi generalis” in decide every case abow. The judge at Gresik district court should use chapter 81 laws number 23 year 2002 about children protection. An cost aside chapter 293 verse 1 penal code of law (KUHP). The second is in finishing every case it should always there is coordination between law enforcement apparatus.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | Anwar Jasin |
| Date Deposited: | 25 Apr 2012 04:15 |
| Last Modified: | 25 Apr 2012 04:15 |
| URI : | http://eprints.umm.ac.id/id/eprint/2966 |
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