DASAR PENOLAKAN PENGADILAN TERHADAP PENGAJUAN PERMOHONAN KORBAN TINDAK PIDANA DALAM MEMPEROLEH RESTITUSI ATAU GANTI KERUGIAN(Studi Kasus Putusan Pengadilan Negeri Magetan Nomor208/Pid.B/2009/PN.Mgt Dalam Perkara Kekerasan Terhadap Orang atau Barang dengan Terdakwa Umar Arif dkk. dan Saksi Korban Endang SriMaryati)

ACHMAD BAHTIAR, FANDY (2010) DASAR PENOLAKAN PENGADILAN TERHADAP PENGAJUAN PERMOHONAN KORBAN TINDAK PIDANA DALAM MEMPEROLEH RESTITUSI ATAU GANTI KERUGIAN(Studi Kasus Putusan Pengadilan Negeri Magetan Nomor208/Pid.B/2009/PN.Mgt Dalam Perkara Kekerasan Terhadap Orang atau Barang dengan Terdakwa Umar Arif dkk. dan Saksi Korban Endang SriMaryati). Other thesis, University of Muhammadiyah Malang.

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Abstract

Lately it seems attention to victims of unlawful acts more specifically in relation to the right of restitution or compensation for the fact, the use right of compensation demanded is very rare. In terms of enforcement, with rare use of the right of restitution to the victims of these crimes requires careful research, however because the core is upholding the rights of law enforcement and implementation obligations. Just as experienced by the victim-witness is Ms. Endang Sri Maryati who apply for restitution to the Court but the decision No: 208/Pid.B/2009/PN.Mgt, the judges who decide the case stating that the applicant's request for refund is rejected in its entirety. Writing this took the formulation of the problem: 1. How does filing a request restitution by crime victims in the case of violence against persons or goods in its decision No: 208/Pid.B/2009/PN.Mgt Magetan Court? 2. What is the basic consideration of the judge in rejecting the submission of application for restitution to crime victims in the case of violence against persons or goods in its decision No: 208/Pid.B/2009/PN.Mgt Magetan Court? This writing method, a normative juridical approach, data collection techniques in the form of literature by studying scientific books of law and the regulations of Article 7 paragraph (1) letter b of Law no. 13 of 2006, associated with Decision No: 208/Pid.B/2009/PN.Mgt. and related laws. Results were analyzed by qualitative analysis. In the Supreme Court decide Magetan No: 208/Pid.b/2009/PN.Mgt.dalam considerations relating to the submission filed by the victim restitution, the judges consider regarding the consideration of juridical, sociological, philosophical and economic value. In conclusion, that the deliberations of the judges in the decision No: 208/Pid.B/2009/PN.Mgt. viewed from the perspective of the victim can not be said to satisfy a sense of justice, especially for the victims and society in general for the rejection of submission of application for refund is the subject of restitution has been provided for in Article 7 paragraph (1) letter b of Law no. 13 years of 2006 and implementing regulations set forth in PP. 44 in 2008. Keywords: Application, Restitution, Victim, Considerations Justice.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anwar Jasin
Date Deposited: 12 Mar 2012 16:16
Last Modified: 12 Mar 2012 16:16
URI: http://eprints.umm.ac.id/id/eprint/401

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