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PERTIMBANGAN HAKIM DALAM PENJATUHAN PUTUSAN PIDANA MENGENAI KEADAAN OVERMACHT YANG MENIMBULKAN KEMATIAN (STUDI TERHADAP PUTUSAN NOMOR: 1002/Pid.B/2008/PN.Smg)

Rahmadhanty, Shelfi Dwi (2019) PERTIMBANGAN HAKIM DALAM PENJATUHAN PUTUSAN PIDANA MENGENAI KEADAAN OVERMACHT YANG MENIMBULKAN KEMATIAN (STUDI TERHADAP PUTUSAN NOMOR: 1002/Pid.B/2008/PN.Smg). Bachelors Degree (S1) thesis, University of Muhammadiyah Malang.

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Abstract

Article 48 of Law No. 1 In 1946 the KUHP was called forced power, or the Dutch language was overmacht. Article 48 of the Criminal Code reads as follows, "Whoever carries out his obligations is not convicted". This overmacht is the reason for the court eraser because there is someone who commits a crime, which must have one of the articles of the Criminal Code, but because there are forces related to the dispute, then it cannot be convicted. This research takes the formulation of the problem. What is the basis for judges' consideration in the decision number: 1002 / Pid.B / 2008 / PN.Smg. in the case of a death sentence due to an overmacht which caused death and whether the criminal decision was handed down by the judge in the decision number: 1002 / Pid.B / 2008 / PN.Smg. has been in accordance with the objectives of the law, namely, legal certainty, justice and legal benefits. This study uses the juridical normative method, which uses invitations relating to Decision Number: 1002 / Pid.B / 2008 / PN.Smg. to find the truth. Based on the research and discussion which points to the following: The basis of the judge's consideration in imposing a verdict on the court over consideration of the overmacht that causes death needs to be questioned in the judge's decision in case number: 1002 / Pid.B / 2008 / PN.Smg. i.e. the judges only consider juridical matters not to consider non-juridical matters. The decision handed down by the Panel of Judges in the decision number: 1002 / Pid.B / 2008 / PN.Smg has been ongoing in accordance with the objectives of the law by prioritizing legal certainty. Suggestions of judges must be careful and thorough to find out whether overmacht is in a criminal act carried out through consideration of juridical and non-juridical matters.

Item Type: Thesis (Bachelors Degree (S1))
Additional Information: 201510110311029
Uncontrolled Keywords: Verdict, Overmacht, Judge Considerations
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: CKO Repository
Date Deposited: 22 Feb 2019 06:57
Last Modified: 22 Feb 2019 06:57
URI : http://eprints.umm.ac.id/id/eprint/44519

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