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KAJIAN PERLINDUNGAN HUKUM TERHADAP TERDAKWA YANG TIDAK DIDAMPINGI OLEH PENSIHAT HUKUM ( STUDI PUTUSAN NOMOR : 128/PID. B/2014/PN.PMK )

Habibi, Muhammad (2019) KAJIAN PERLINDUNGAN HUKUM TERHADAP TERDAKWA YANG TIDAK DIDAMPINGI OLEH PENSIHAT HUKUM ( STUDI PUTUSAN NOMOR : 128/PID. B/2014/PN.PMK ). Bachelors Degree (S1) thesis, University of Muhammadiyah Malang.

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Abstract

This study would discuss about Legal Protection Against Defendants was Not Accompanied by Legal Counsel (Study of Decision Number 128/ Pid.B/2014/PN.Pmk). The purpose of this study was to find out the legal protection for defendants who were subjected to criminal sanctions over five years and not accompanied by a legal counsel during the process in court. Besides that, whether the decision number 128/Pid.B/2014/PN.Pmk is in accordance with certainty, justice and legal obligation. The method used in this writing was a normative juridical approach, in this case juridical was about decision number 128/Pid.B/2014/PN.Pmk and normative, namely the verdict that was handed down to the defendant who was not accompanied by legal counsel. The results of this research case in the criminal act of murder of the accused were not accompanied by legal counsel, so that the defendant's protection was still unfulfilled. While the court itself is the last place of escape for justice seekers, therefore the court ruling must certainly fulfill what is demanded by justice seekers. Therefore, the judge in deciding a case still starts with the three elements, namely certainty, justice and the benefit of the law. The conclusion of this study was that the judge's consideration in making a decision is not based on the theory, juridical and non-juridical considerations, along in that decision the defendants were not accompanied by a legal advisor and the decision was deemed not get justice and benefit of the law. Suggestions given by the author such as, the law enforcement in reviewing a case can be expected to be truly careful in considering to the consideration, judges should continue to improve the best way in dropping out by looking at all aspects based on certainty, justice, and benefit of the law.

Item Type: Thesis (Bachelors Degree (S1))
Student ID: 201510110311164
Keywords: Legal Counsel, Judge Considerations
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: Sulistyaningsih Sulistyaningsih
Date Deposited: 14 Mar 2019 11:36
Last Modified: 14 Mar 2019 11:36
URI : http://eprints.umm.ac.id/id/eprint/45237

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