CATUR PAMUNGKAS, WAHYU (2007) TINJAUAN YURIDIS TERHADAP PUTUSAN HAKIM DALAM PERKARA PENCURIAN YANG DILAKUKAN SECARA BERSAMA-SAMA OLEH ORANG DEWASA DAN ANAK-ANAK(Studi di Pengadilan Negeri Jember). Other thesis, University of Muhammadiyah Malang.
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Abstract
The object and the problem of this study are how the sociological review in the stealing cases done collectively by adults and children is. The purpose of this research is to know the court procedure in performing an assembly of criminal case of stealing done by adults and children collectively, which really different in the sense of court session procedure is not equalized. Research method. The sociological review approach of this research is investigating the sociological aspect and law provisions, regulations and also studying and analyzing the sociological reasons, the articles and expert opinions. The secondary data includes data of sociological review upon the judge’s decision to the stealing cases done by adults and children collectively. The secondary data are collected over the event decisions in Jember State Court – East Java. The primary law materials are in the forms of section 8 subsection (1) of Acts Number 3 years 1997 about Children Court, section 27 of Acts number 4 year 2004 about The Judge’s Power Subjects, KUHAP of section 153 subsection (3) for cross-examination necessary of assembly chief judge to open the assembly and to declare that it open for public except in the cases of morality and children accusation. While for the data complement is in the form of the obtained data in the field directly by the researcher, such as data about why the procedure of children assembly does not differ from adult assembly, instead both are treated in the same manner. Based on the research result from Jember State Court and Surabaya High Court reveal that the judge hears the case with same procedure to adults and children, without any distinction to the doer. For the children and adults with age about 14 years old for children and 30 years old for adults, those are treated in equal manner without considering about the given procedure in Indonesian Republik Law number 4 year 2004 about The Judicature Power and without considering about the psychological and sociological aspect. While the judge decision in the Supreme Court is choosing and breaking the case.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | Zainul Afandi |
| Date Deposited: | 08 May 2012 04:07 |
| Last Modified: | 08 May 2012 04:07 |
| URI : | http://eprints.umm.ac.id/id/eprint/4661 |
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