ANALISA YURIDIS SOSIOLOGIS PEMBERLAKUAN AZAS “EQUALITY BEFORE THE LAW“ TERHADAP TINDAKAN PENYIDIKAN KASUS KORUPSI APARATUR DAERAH TINJAUAN TERHADAP PASAL 36 DAN 53 UU NO. 32 TAHUN 2004 TENTANG PEMERINTAHAN DAERAH (Study di Kejaksaan Negeri Tulungagung dan Polres Kepanjen)

PALUPI , EVI (2008) ANALISA YURIDIS SOSIOLOGIS PEMBERLAKUAN AZAS “EQUALITY BEFORE THE LAW“ TERHADAP TINDAKAN PENYIDIKAN KASUS KORUPSI APARATUR DAERAH TINJAUAN TERHADAP PASAL 36 DAN 53 UU NO. 32 TAHUN 2004 TENTANG PEMERINTAHAN DAERAH (Study di Kejaksaan Negeri Tulungagung dan Polres Kepanjen). Other thesis, University of Muhammadiyah Malang.

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Abstract

Intake of title of final duty this of background overshadow by existence of difference of treatment ahead of law to hit by areas aparatur is law process. Where in UU No.32 Year 2004 About Governance of Area Section 36 and 53, mentioning that to be able to conduct investigation to areas aparatur in this case Chief of DPRD along with member, Regent and proxy of investigator have to ask permission written from President beforehand. In principle ground of Equality Before The Law is public ground and have the character of prinsipil, meaning the the ground is principle of justice which do not discriminate status and domicile someone. Related to this witness is obligation all citizens. becoming the problem of this research is How applying of ground of Equality Before The Law and Resistance any kind of natural by investigator in course of investigation and investigation to areas aparatur. While method which used in this research is sosiologis yuridis, data collecting technique of in the form of interview with responder coming from Public attorney of Country of Tulungagung and of Polres selected Kepanjen by purpossive sampling. Later;Then data result of the research analysed descriptively qualitative. Through accurate and circumstantial research, this research get result of that applying of ground of Equality Before The Law in the reality do not efektif. This matter because of do not the nun of system punish that is the him and structure of better. Pursuant to research result of data result of interview with investigator in Public attorney of Tulungagung and in Polres Kepanjen got by result of it is true that there are differentiation of process punish to areas aparatur, namely as according to section substansi 36 and 53 UU No.32 year 2004 About Governance of Area, investigator ask permit written beforehand at President so thatcan do inspection to areas aparatur, and even after deadline 60 (sixty) day have finished where according to regulation of invitation a investigator enabled to continue needed inspection even permit of president not yet gone out, but here investigator side still await until the permit got from president to the reason of authenticity of law process. And newly a time gap old and existence of pressure to immediately to finish the the case then investigator of have initiative to continue and inspection of berpedoman at invitation substansi arranging. Resistances in investigation to areas aparatur is the problem of time, evidence goods and existence of demand to immediately to finish case that happened. time required to get permit of president can influence kevalitan of evidence goods in verification event wait and cause unifinishedly of case him, so that society assume enforcer of law do not immediately finish and act to handle the case. Pursuant to the solution result here applying of ground of equality not applicable law the before for areas aparatur because there are differentiation of order that is existence of permit written from president to be able to be done by investigation to areas aparatur. natural by Especial resistance of investigator in this case is the problem of duration till 60 (sixty) day so that can cause the to have changing of the nature of from evidence goods and hesitated the by him of in unifinished verification and also him of[is solving of case. For that properly require to be done isn't it regulation of invitation arranging investigation to areas aparatur equalized applicable law procedure for society in general without awaiting permission written from President.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anggit Aldila
Date Deposited: 28 May 2012 02:45
Last Modified: 28 May 2012 02:45
URI: http://eprints.umm.ac.id/id/eprint/5987

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