PUSPITO RINI, YULLI (2008) TINJAUAN YURIDIS PUTUSAN HAKIM DALAM PERKARAPELANGGARAN LALU LINTAS TERHADAP PELANGGARAN LALULINTAS DI KOTA MALANG(Studi Kasus Pengadilan Negeri Kota Malang). Other thesis, University of Muhammadiyah Malang.
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Traffic violation was a major problem in large city. The Law implementation in traffic was Police Officer and Court Institution responsibility as supporters of all law legislation. Legislation mechanism was done by the court, by fast checking with sanction to the violators. Fine sanction couldn’t be said cheap, but there was still improvement in violators’ quantity. That’s why it was important to know about judge decision in traffic violation and the correlation with fairness, certainty, and usefulness in order to minimize the traffic violations. The research aimed to reveal Judge decision in traffic violation, law decision making in verdict, also fairness aspect, certainty, and benefit aspect in traffic verdict. In this research, the writer used socio-juridical approach. The location was Malang City State of Court which generally used for traffic violation trial. In this research, the writer used interview, observation, and documentation technique. In data analysis, the writer used qualitative descriptive data analysis. From the writer research, there could be found that judge verdict was fine sanction to the accused, without using legal checking letter also legal verdict about the decision. Judge consideration in traffic was especially related with reality that violation in traffic rule was against the law, which in criminal law shown by wederrechttelijk word to show the illegal activity or means. The concrete form of fairness was the similarity between the law violation with sanction. The law certainty principle mean that the judge should give proper consideration as the measurement of law existed in traffic and highway. The benefit aspect showed that criminal punishment by the traffic violators was needed to stop them doing violation to traffic rule. The writer suggested a new mechanism to face the accused absence in trial. By paying attention to the fairness aspect and law transparency, the accused should go to the trial for law education.
|Item Type:||Thesis (Other)|
|Subjects:||K Law > K Law (General)|
|Divisions:||Faculty of Law > Department of Law|
|Depositing User:||Anggit Aldila|
|Date Deposited:||30 May 2012 03:21|
|Last Modified:||30 May 2012 03:21|
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