ALASAN PERMOHONAN KASASI JUDEX FACTI SALAH MENERAPKAN HUKUM MEMUTUSKAN TERDAKWA LEPAS DARI SEGALA TUNTUTAN HUKUM DALAM PERKARA MALPRAKTIK KEDOKTERAN (Studi Putusan Mahkamah Agung Nomor : 1110 K/PID.SUS/2012)

SETIAWAN, RADITA (2015) ALASAN PERMOHONAN KASASI JUDEX FACTI SALAH MENERAPKAN HUKUM MEMUTUSKAN TERDAKWA LEPAS DARI SEGALA TUNTUTAN HUKUM DALAM PERKARA MALPRAKTIK KEDOKTERAN (Studi Putusan Mahkamah Agung Nomor : 1110 K/PID.SUS/2012). Other thesis, Universitas Sebelas Maret.

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    Abstract

    This research discusses the excuse in request for a cassation against Judex facti which is misapplied the law has decided Defendant separated from all charges in the case of medical malpractice and the judges of the Supreme Court judgment in the cassation granting. In this case the reason of request for a cassation was based on the failure to apply the law in the District Court decision in Madiun No.: 79 / Pid.Sus / 2011 / PN.Kd.Mn. because no attention to the fact in the trial that the defendant has committed regulated in Act No. 29 2004 concerning to Medical Practice. Thus, Judex facti deemed to have been misapplied the law because the defendant should not be terminated off from all charges and was found guilty of a criminal offense. This research is a type of research that is prescriptive and normative applied. The data that used in this research is the primary data and secondary data. Data collection techniques using literature studies or study of document. Mechanical analysis using deductive syllogism with the mindset that the submission of major premise was submitted minor premise of both premises that produced a conclusion. The results of this study stated that the reason for request for a cassation the court case has met formal requirements that pursuant to Article 245 and Article 248 of the Code of Criminal Procedure and for the material requirements containing reasons request for a cassation has been in accordance with the provisions of Article 253 Code of Criminal Procedure. Then the consideration of Supreme Court judges accept the request for a cassation and granted the request in accordance with Article 256 of the Code of Criminal Procedure. Keywords: medical malpractice, cassation, Judex facti

    Item Type: Thesis (Other)
    Subjects: K Law > KZ Law of Nations
    Divisions: Fakultas Hukum > Ilmu Hukum
    Depositing User: Minardi Aris
    Date Deposited: 18 Sep 2015 09:45
    Last Modified: 18 Sep 2015 09:45
    URI: https://eprints.uns.ac.id/id/eprint/19253

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