AKIBAT HUKUM DARI KETENTUAN PASAL 7 AYAT (2) UU NO. 22 TAHUN 2002 TENTANG PENGAJUAN PERMOHONAN GRASI YANG TIDAK DIBATASI OLEH TENGGANG WAKTU TERTENTU TERHADAP EKSEKUSI PIDANA MATI

FATMAWATI, CITRA (2010) AKIBAT HUKUM DARI KETENTUAN PASAL 7 AYAT (2) UU NO. 22 TAHUN 2002 TENTANG PENGAJUAN PERMOHONAN GRASI YANG TIDAK DIBATASI OLEH TENGGANG WAKTU TERTENTU TERHADAP EKSEKUSI PIDANA MATI. Other thesis, University of Muhammadiyah Malang.

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Abstract

ABSTRACT Numbers of death sentences’ lists who have not been executed is the background of the research. There are so many factors that affect it, one of which is the process of filing the petition for pardon. Clemency petition stipulated in Law No. 22 Year 2002. In article 7 verse (2) states that the submission of applications for pardon is not limited by a certain grace period, while in the third article said did not delay the submission of applications for pardon unless the execution of capital punishment. This research takes the formulation of issues: 1. What the legal consequences of filing the petition Clemency settings that are not restricted by a grace period pursuant to Article 7 verse (2) of Law No. 22 year 2002 on Clemency for death penalty executions? 2. How to order the District Court and District Attorney Malang Malang on death row who have not filed a petition for pardon because it does not condone a grace period for applications for pardon? This study uses sociological juridical approach, data collection techniques such as interviews with the attorney as executor of the implementation of the death penalty as a party and the judge who decided the case. Direct observation to study the sites at the Attorney General and the District Court of Malang City as the place location to get the primary data. Then data were analyzed by descriptive qualitative method. Based on research conducted in Malang District Court of the Attorney General and obtained an answer from the prosecutor and the judge about the legal consequences of filing Clemency is not limited grace period of uncertainty for the execution by a prosecutor, there were no rights guaranteed for the defendants and the lack of legal certainty. The prosecutor act is asking the Supreme Court regarding the execution of death row inmates. In conclusion, the lack of rules on the filing period for pardon to the execution of death penalty will have an impact on the longer execution and without any certainty of any decision. Keywords: Pardon, legal action, death penalty.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Postgraduate > Master of Law
Depositing User: Anwar Jasin
Date Deposited: 07 Mar 2012 14:00
Last Modified: 07 Mar 2012 14:00
URI: http://eprints.umm.ac.id/id/eprint/353

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