KRISTIMASTUTI, KRISTIMASTUTI (2008) PRAKTIK ILMU HITAM DALAM PERSPEKTIF PEMBAHARUAN HUKUM PIDANA(Studi terhadap Ketentuan dalam Rancangan Kitab Undang-Undang Hukum Pidana 2005). Other thesis, University of Muhammadiyah Malang.
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Abstract
Actually, black magical practices in society have developed yet. Developing of period and technology also gives an influence to developing of black magical practice. It’s seen from some offering of magical practices of a question able nature services which are in printed media and also electronic media. The criminal of black magical practice happen because the pasal in Kitab Undang-Undang Hukum Pidana are not more effective. The renewal of criminal law which is connected to black magical practice in society and to prevent as early as possible and also to finish society’s own judge to someone who is accused of being dukun teluh (santet). The writer tries to uncover black magical practice in the perspective in renewal criminal law. A method which is used by the writer is content analysts method and collecting law matter which is done by using literature. From the writer’s result of research, it’s found that if it’s looked from the perspective in renewal of criminal law is connected to a renewal legal substance for making the law enforcement effective, includes: a. the renewal about substance of illegal act that includes: 1) just saying that someone has a magical power to bring misfortune on someone else, he can be categorized that he is a criminal, 2) there is a factor that makes the punishment heavier in 293rd pasal 2nd ayat, that is misusing of skill or profession for doing criminal which automatically the law is getting heavy, b. System Criminal Threat of Formulation, includes: 1) alternative punishment that is in the form jail punishment or fine can e given cumulatively, 2) addition 1/3 from the maximum of criminal threat because there is a factor which make the criminal heavier, 3) division fine based on category system. Up till now, black magical practices are difficult to be solved. After making a renewal of pasal substances about black magical practices which is hoped it can be implemented by all the apparatus. Therefore, renewal of criminal law must be spread all over, not only the renewal of materiel criminal law (substance), but also the formal criminal law. If only one of the sector which is renewal, the aim of renewal cannot be reached completely.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law (74201) |
| Depositing User: | Anggit Aldila |
| Date Deposited: | 10 May 2012 02:37 |
| Last Modified: | 10 May 2012 02:37 |
| URI : | http://eprints.umm.ac.id/id/eprint/4983 |
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