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AKIBAT HUKUM TERHADAP PUTUSAN BATAL DEMI HUKUM DALAM PERKARA PIDANA (Analisis Putusan Perkara Nomor 37/Pid.B/2012/PN. SRI)

Andyani, Stephany Desty Puspa (2017) AKIBAT HUKUM TERHADAP PUTUSAN BATAL DEMI HUKUM DALAM PERKARA PIDANA (Analisis Putusan Perkara Nomor 37/Pid.B/2012/PN. SRI). Undergraduate (S1) thesis, University of Muhammadiyah Malang.

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Abstract

Decision null and void is a decision which has the legal effect that has never been considered so cannot be executed by the Attorney. Decision null and void is contained in the decision on Case No. 37/Pid.B/2012/PN.SRI on Narcotics Crime. This thesis adopt the legal basic formulation of the problem by judge in the verdict in the trial, qualifications that caused the decision null and void and the legal consequences of the decision to be null and void. In this case, The writer is using a normative juridical approach method. Primary legal materials derived from positive law related regulations, namely the Law Number 48 of 2009 regarding about the power of Justice and the Code of Criminal Procedure and secondary law on the books that related to the criminal justice process and the scope of judicial power, journals and legal documents such as the completeness of case files. The results were analyzed by qualitative descriptive writing. Based on the analysis by the procedural law, the decision is invalid implemented by the judge through a trial was not attended by the public prosecutor as executor. And formally, the decision is legally flawed for not complying with the appropriate regulation from the Book of the Law of Criminal Procedure. However, if the decision is invalid or null and void because it does not completing the existing provisions, then the prosecutors cannot carry out the execution of the sentence and the verdict has never been considered.

Item Type: Thesis (Undergraduate (S1))
Student ID: 201310110311341
Keywords: Decision, Null and Void, Judges
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: Sulistyaningsih Sulistyaningsih
Date Deposited: 09 Jan 2019 02:00
Last Modified: 09 Jan 2019 02:00
URI : http://eprints.umm.ac.id/id/eprint/43065

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