ANALISIS PUTUSAN MAHKAMAH KONSTITUSI ATAS PERKARA NO. 13/PUU-I/2003 TENTANG PEMBERLAKUAN ASAS RETRO AKTIF DI INDONESIA

MULYADI, EDY (2008) ANALISIS PUTUSAN MAHKAMAH KONSTITUSI ATAS PERKARA NO. 13/PUU-I/2003 TENTANG PEMBERLAKUAN ASAS RETRO AKTIF DI INDONESIA. Other thesis, University of Muhammadiyah Malang.

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Abstract

The case of Bali bombing on October 12, 2002 forces the government of Indonesian Republic to apply the bill number 16, 2003 to all the suspects (masykur Abdul Kadir). In this case, the suspect claims for judicial review to the great constitution on the application of that bill since the suspects regard that the application of that bill is clearly adapt the retroactive principle (it is decreasing). This study focuses on the research problem: 1. Is the great constitution decision on the case number 13/PUU-1/2003 appropriate? 2. How is the implementation of a quo decision on the development of crime law in Indonesia? This study uses juridical-normative method in which the data collection method is in the form of the tracing process of law constitution through the related books on the problem discussed. The material and the book sources are gotten from the electronic and the printed media as well. The decision taken by the great constitution on the case number 13/PUU-1/2003 is taken as the primary data. And the data will be analyzed descriptively. In the decision, the great constitution bases its decision on the law of crime law and the bill of Indonesian of 1945 of bill number 281 verse (1). Due to today, there are still many the pros and cons on the case of Bali bombing which is considered the extra ordinary crime. In conclusion, the great constitution has launched the decision which is based on the law of crime law on the case number 13/PUU-1/2003 by canceling the implementation of bill number 16 on the 2003 year since this is clearly adapt the retroactive principle since t will position the law supremacy in danger. It s suggested that it is not necessary to be decreased since the case has already break the law number 340 of crime law and this is implemented 200 times due to the 200 death in that incident in which it can not be classified into extraordinary crime. Key words: decision, implementation, retroactive principle.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anggit Aldila
Date Deposited: 16 May 2012 02:32
Last Modified: 16 May 2012 02:32
URI: http://eprints.umm.ac.id/id/eprint/5396

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