TRIONO, JOKO (2010) ANALISIS YURIDIS NORMATIF TENTANG PEMENUHAN SYARAT FORMIL DAN MATEREIIL DALAM PENUNTUTAN TERHADAP TINDAK PIDANA PERJUDIAN TOGEL DI KEJAKSAAN NEGERI BATU (Studi Kasus Penuntutan Terhadap Pelaku Tindak Pidana Perjudian Togel Dengan Terdakwa Sulistiono Surat Tuntutan : B-194 / 0.5.44.3 / 2008 ). Other thesis, University of Muhammadiyah Malang.
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Abstract
A letter should fulfill formal and material conditions. But in several case, Prosecutor lack of carefulness in making the letter of prosecution which created a chance for the crime subject to escape. The research aimed to analyze formal and material elements in letter of prosecution no. No. B-194 / 0.5.44.3 / Ep.2 / 05 / 2008. In this research, the writer used normative-juridical approach. The research was done to the letter of prosecution for ‘togel’ coupon gambling crime case No. B-194/0.5.44.3/Ep.2/05/2008. For data processing, the writer used qualitative descriptive analysis. From the research, there found that the formal condition fulfillment of Prosecutor’s prosecution in Letter of Prosecution No. B-194/05443/Ep.2/05/2008, part of crime subject identity which was a formal condition according the statement of section 143 verse (2) Criminal Law Book, the conditions had been fulfilled. Analysis to the material aspect in Prosecutor’s prosecution in Letter of Prosecution No. B-194/05443/Ep.2/05/2008 didn’t fulfill the statement of section 143 verse (2) about formal and material conditions, especially b letter which stated material condition where the prosecutor didn’t state crime place which was done by crime subject. The statement didn’t fit with file which was the prosecuting base. Beside, the prosecutor’s explanation could be debated, so that the prosecuting object could be said as absurd caused by the lack of carefulness by Prosecutor in making clear letter of prosecution. It made the letter weaken and had potential to release the crime subject from law prosecution
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | Rayi Tegar Pamungkas |
| Date Deposited: | 21 Mar 2012 12:04 |
| Last Modified: | 21 Mar 2012 12:04 |
| URI : | http://eprints.umm.ac.id/id/eprint/825 |
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