TINJAUAN YURIDIS SOSIOLOGIS TERHADAP PELAKSANAAN PENGGABUNGAN GUGATAN GANTI KERUGIAN PADA PERKARA PIDANA (Studi Di Pengadilan Negeri Malang)

SIREGAR BIN SANTOSO, ARIEF (2007) TINJAUAN YURIDIS SOSIOLOGIS TERHADAP PELAKSANAAN PENGGABUNGAN GUGATAN GANTI KERUGIAN PADA PERKARA PIDANA (Studi Di Pengadilan Negeri Malang). Other thesis, University of Muhammadiyah Malang.

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Abstract

In facing the cases a judge should be observe to the importance of crime sacrifice, it is the protection of the sacrifice itself: The efforts to protect the crime sacrifice can be done by giving the civil compensation to the sacrifice. In decide the criminal cases, a judge can merging the compensation accusation cases as in KUHAP in chapter XIII arrange about the merging cases of compensation accusation, contained in section 98 to 101 KUHAP. The arranging of compensation claim merged together with the criminal investigation in KUHAP, it can open the large opportunity for the crime sacrifice to claim their right by present the compensation claim by merging the compensation accusation cases with that civil cases, in fact not all the crime sacrifice use that opportunity. Therefore, the problems formulation that the writer take cares are: practically, in what cases the compensation accusation merging present? How the implementations practice of compensation accusation merging in criminal cases in Malang court of finish instance? And what factors that caused as consideration of judge in accept or deny the present of compensation accusation merging in criminal cases? Approach method that is used by the writer to answer those problems is by using sociologist judicial method. It is investigate the problems based on the law rules that occur and then relate it with the fact. Data gathering techniques that are used are interview and literature study. Based on the gathered data the writer using analysis descriptive technique, it is the problem solving procedures that researched by showing the data that getting from the literature observation and field observation the analyzed and interpreted by giving conclusion. Based on the result of the research, the writer get the answer of the problems, in practical can be grouped some kinds of criminal cases the can merged in compensation accusation merging such as: injury / serious and death that caused by attacking is the violation of section 170 KUHAP. The violation of section 187 and section 188 KUHAP is fire that caused by deliberates and the careless of the defendant, the crime of money counterfeiting / the crime of morality that make the real detriment. All of crimes, that cause things damage or injury / serous injured or death. In practical of compensation accusation merging in Malang court of first instance is very seldom happen. In this case, obstacle of judge involve the obstacle in judicial, techniques and cultural. Then, the effort of judge in facing that cases by looking at the condition of the sacrifice, present the expert in assembly and reconcile the defendant and the sacrifice. To create the justice and the law certainty in every assembly of criminal cases that make detriment to other people, the judge should be announce that the compensation accusation can be merging in criminal cases and it should be made the rules in order the information of expert can be used as the real prove in this case. Beside, it also formulated about the reason that can used as the basic to present the claim of compensation by merging the compensation accusation cases with the investigation of criminal cases.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Rayi Tegar Pamungkas
Date Deposited: 23 Jun 2012 05:24
Last Modified: 23 Jun 2012 05:24
URI: http://eprints.umm.ac.id/id/eprint/9241

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