ANALISIS YURIDIS PUTUSAN HAKIM NOMOR : 06/Pid.S 2004/PN.Malang TENTANG PENGGUNAAN IJAZAH PALSU PADA PENCALONAN ANGGOTA LEGISLATIF

PARAMASETHA, ALFA (2010) ANALISIS YURIDIS PUTUSAN HAKIM NOMOR : 06/Pid.S 2004/PN.Malang TENTANG PENGGUNAAN IJAZAH PALSU PADA PENCALONAN ANGGOTA LEGISLATIF. Other thesis, University of Muhammadiyah Malang.

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Abstract

The object of this research is the basic consideration in the decision of the judges Number: 06/Pid.S/2004/PN.Malang about using fake diplomas in the nomination of members of the legislature and how the accountability of legislative candidates in the use of fake diplomas in the nomination of members of the legislature. This study uses sociological juridical approach, the type of data containing results of research and field observations coupled with legislation and books and scientific papers relating to the use of fake diplomas and accountability in the use of legislative candidates for fake diplomas on the candidacy of legislative members. Results of the analysis show that the basic consideration in examining judge and adjudicate these cases the use of fake diplomas is in conformity with the provisions of the Criminal Procedure Code. If cases of the use of fake diplomas in the nomination of members of the legislature was made at the time of the nomination of members of the legislature and reported to the Election Supervisory Committee within a period of 3 (three) days of fake diplomas is used, the perpetrator accountable based on Law Number 10 Year 2008 About the Election Members of the House of Representatives, Regional Representatives Council, and the Regional Representatives Council. However, if the use of fake diplomas are known by the time 3 (three) days of the perpetrator accountable based on Law Number 20 Year 2003 on National Education System. and if the two laws can not be applied before returning to the Book of Criminal Justice Act. Should be in making decisions about the use of fake diplomas judges must use the basic consideration in accordance with the Criminal Procedure Code and related laws, the charges and the prosecutor general, compliance with evidence, and the things that lighten the burden and the defendant. And not only legislative candidates be held accountable, but also the political party since political parties play an important role in verifying the nomination of members of the legislature. Keywords: Decision of justice, certificate forgery, member of the legislature

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Rayi Tegar Pamungkas
Date Deposited: 16 May 2012 03:39
Last Modified: 16 May 2012 03:39
URI: http://eprints.umm.ac.id/id/eprint/5434

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