ANALISIS YURIDIS SOSIOLOGIS AKIBAT HUKUM TIDAK TERPENUHINYA KETENTUAN PROSEDURAL DALAM PENYUSUNAN BERITA ACARA PEMERIKSAAN (BAP) (Studi Tentang Hak-hak Tersangka atas Pendampingan Kuasa Hukum di Polres Malang)

FUAD, ADLY (2008) ANALISIS YURIDIS SOSIOLOGIS AKIBAT HUKUM TIDAK TERPENUHINYA KETENTUAN PROSEDURAL DALAM PENYUSUNAN BERITA ACARA PEMERIKSAAN (BAP) (Studi Tentang Hak-hak Tersangka atas Pendampingan Kuasa Hukum di Polres Malang). Other thesis, University of Muhammadiyah Malang.

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Abstract

Procedure of criminal code (KUHAP) has arranged about human right (HAM) from accused from investigation process, investigation, prosecution, conference, decision and execution of judge decision. But in practice often procedural rules in making of minutes of inspection (BAP) especially about the accused rights to power of attorney associate is disregarded off hand. From the idea, hence writer takes its (the problem formula is as follows; 1). What the accused rights menaced by crime to 5 year to power of attorney associate in process of compilation of minutes of inspection (BAP) by investigator in unlucky polres? 2). Factors any kind of surrounding the accused menaced by crime to 5 year is not consorted by power of attorney? 3). Is the accused legal consequences menaced by crime to 5 year but doesn't get power of attorney associate in compilation of minutes of inspection (BAP) by police investigator if don't pursuant to procedural? Approach method applied is method yuridis sosiologis about execution of procedural rule in compilation of minutes of inspection and studies problemss told, causing obtains result which really according to in yuridis sosiologis. Yuridis that is solution based on law and regulation arranging about procedural of making of minutes of inspection. Sosiologis that is by seeing practice of field in making of minutes of inspection done by investigator. Analysis method applied by writer is descriptive analysed, where the, analysed to be presented in the form of kongkret. Based on result of research is obtained conclusion that in practice process of compilation BAP, the accused rights to power of attorney associate often is disregarded off hand, this happened for absense of one also regulation giving assertive sanction to collision of the accused rights to power of attorney associate in process of compilation of BAP kepolsian, so that the law enforcer government officers often disregard the thing. As a whole the accused law suit menaced by crime to 5 year but is not consorted by power of attorney in the year 2005 to 2006 amounts to 327 law suits. As for law suit amounts according to its (the crime type in the year 2005 and 2006 as follows; gambling case of 117 bundles, case curas 20 bundles, desecrate deed case 47 bundles, theft case with ballast 31 bundles, rapist case of 11 bundles, maltreatment case of 5 bundle, case runs away with woman of 7 bundle, coition case of 14 bundles, murder case of 2 bundle, commerce case of woman 2 bundle, logging of wild 2 bundle, case gives description of false 3 bundle, case circularizes bad coin 3 bundle, extortion case of 1 bundle, sexual hardness case, wiper case 1 bundle. in process of compilation of bap police, tied by letter decision No. Pol:Skep/1205/IX/2000 about gathering revision juklak and juknis investigation process of crime specified in Jakarta on 11 September 2000, and section 143 article 3 KUHAP. If BAP material ineligibility hence bap is law handicap, also becomes assertion will become cancelation for the shake of law. While if BAP if didn't pursuant to formal, hence doesn't cause any law. This thing is as according to Yurisprodensi number appellate court 1565 K.pid/1991, dated 16 September 1993.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anggit Aldila
Date Deposited: 03 May 2012 04:31
Last Modified: 03 May 2012 04:31
URI: http://eprints.umm.ac.id/id/eprint/4049

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