MIHRABI IBRAHIM, HARID (2008) KECENDERUNGAN HAKIM DALAM MENJATUHKAN PIDANA PENJARA DARI PADA PIDANA DENDA (Studi di Pengadilan Negeri Kalabahi). Other thesis, University of Muhammadiyah Malang.
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Abstract
Implication and social phenomenon with incidence of badness and collisions so that and orderliness of in social relation interaction as a whole annoyed and fret society. thereby enforcer government officer punish more intensive observe from various aspect and take coherent decision which more accurate to conium or perpetrator of collision doing an injustice and also badness doing an injustice. so that law decision decided by judge as enforcer government officer punish really effective. By that law crime have a purpose, lessening story level badness of arising out in life of society which is complex. realization of prison crime do not only as an penalization sanction to perpetrator or punished, but also as construction bounce, spiritual, talent and educated punished skilled and train free so that him punished from society institute and also live with to have, interaction and mixed return in life of environment. Of background above hence writer very interest once to take title of skripsi " Tendency Of Judge In Dropping Crime Serve a sentence from At Crime Penalty. Where its of him is wishing to know consideration of judge in cozening to drop crime serve a sentence from at crime fine and to crime alternative outside prison crime. Result of this research mention that consideration of judge in dropping prison crime conducted on the basis of weighing-machine of yuridis and consideration of sosiologis. Consideration of this yuridis cover do conducted by doing an injustice is defendant have fulfilled objective elements and also element of subjective an doing an injustice. Consideration of sosiologis here have the pleasure to with guidance of giving of crime decision to defendant such as those which have been explained by above. Besides also in light heavy of crime him, judge is obliged to treat also the nature of virulent and good of defendant. Judge view to crime alternative outside crime of this shall be objective fixed and A judge have to be objective and comprehend values which implied in Law becoming elementary reference in running duty and its its his as judge when will decide criminal related to acting badness conducted by in consequence its behavior in conference and also in all day long shall be undefiled (reproach beyond) Through considerations of impinged case it, and dubious fallout of prison crime will be more be effective than is dubious of penalty Crime. Besides consideration of judge in dropping doing an injustice serve a sentence to perpetrator is so that to be perpetrator can discourage and ask apology of doing an injustice which have been conducted. This matter see that penalty penalization cannot make perpetrator of doing an injustice can be conscious of mistake which have conducted of. So that imprisonment dropped by judge very effective to make maker of doing an injustice ask apology and discourage of doing an injustice which have conducted of. In the balance sosiologis, consideration of judge is also based of effect of imprisonment to make perpetrator of doing an injustice can obtain; get repair of moral so that can return to society better still need rehabilitation, good rehabilitate good name and rehabilitate behavior to the which is dropped by prison crime
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | Anggit Aldila |
| Date Deposited: | 15 May 2012 08:10 |
| Last Modified: | 15 May 2012 08:10 |
| URI : | http://eprints.umm.ac.id/id/eprint/5370 |
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