AFFANDI, MUHAMMAD (2010) ANALISIS YURIDIS NORMATIF PUTUSAN PENGADILAN NEGERI NOMOR : 04/Pid.Pra/2009/PN.MALANG TENTANG DASAR PERTIMBANGAN HAKIM DALAM MEMERIKSA DAN MEMUTUS PERMOHONAN PRAPERADILAN MENGENAI TINDAKAN PENGGELEDAHAN DAN PENYITAAN OLEH PENYIDIK. Other thesis, University of Muhammadiyah Malang.
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Abstract
This research aims to know the basic considerations in the decision of the judges Number: 04/Pid.Pra/2009/PN.Malang who hear and rule petition with the suspect pretrial Suhardi who searched his home and confiscated his belongings in the form of liquor allegedly false by Sidoarjo Police investigator. In its decision the judges rejected the request for pretrial. Writing this law takes formulation of the problem: "Does the consideration of judges on the Decision Number: 04/Pid.Pra/2009/PN.Malang in assessing the search and seizure action by the investigators in accordance with the Criminal Procedure Code?" This writing method, a normative juridical approach, data collection techniques such as literature and studies that analyze the decision of the court documents state the number: 04/Pid/Pra/2009/PN.Malang supported by the scientific books of law which was then correlated with the Law Number 8 Year 1981 on the Law of Criminal Procedure (Criminal Procedure Code). The results show that the judge is less thorough in examining and deciding on measures pretrial request for a search and seizure conducted by the investigators in examining the evidence presented in court as the judge in cermatnya not check the minutes of the search and seizure made by Police Investigators Sidoarjo not in accordance with the provisions of the Criminal Procedure Code and in assessing the situation very necessary and urgent that used by the Sidoarjo Police investigators in conducting the search and seizure. However, it should be noted also that current Criminal Code is still far from perfection in terms of its settings so that the practice of law enforcement officers is difficult to implement these rules.
| Item Type: | Thesis (Other) |
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| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | Anwar Jasin |
| Date Deposited: | 13 Mar 2012 07:32 |
| Last Modified: | 13 Mar 2012 07:32 |
| URI : | http://eprints.umm.ac.id/id/eprint/412 |
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