ANALISIS PENGAJUAN KASASI TERHADAP PUTUSAN PENGADILAN HAK ASASI MANUSIA (HAM) AD HOC DALAM PERKARA PELANGGARAN HAK ASASI MANUSIA BERAT OLEH ANGGOTA KEPOLISIAN REPUBLIK INDONESIA (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 02 K/PID.HAM AD HOC/2006)

Novitasari, Galuh Rina (2010) ANALISIS PENGAJUAN KASASI TERHADAP PUTUSAN PENGADILAN HAK ASASI MANUSIA (HAM) AD HOC DALAM PERKARA PELANGGARAN HAK ASASI MANUSIA BERAT OLEH ANGGOTA KEPOLISIAN REPUBLIK INDONESIA (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 02 K/PID.HAM AD HOC/2006). Other thesis, Fakultas Hukum.

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    Abstract

    This law research studies and address the problem concerning the appeal- to-the Supreme Court filing against the ad hoc human rights court’s decision in severe human right breach case by the Indonesian Republic’s police officers in addition also find out the rationale of appeal-to-the supreme office of the counsel for prosecution of Indonesian Republic against the decision of freedom in the severe human right breach criminal cases with the accused Kombes Polisi Drs. Daud Sihombing, SH. In order to find out the Supreme Court judge’s rationale in examining and deciding the appeal-to-the Supreme Court filing against the decision of freedom in the severe human right breach criminal cases with the accused Kombes Polisi Drs. Daud Sihombing, SH. This thesis employed a normative law research. The study the writer did was prescriptive in nature. In writing the research, the writer employed statue approach). The data type used in this study was secondary data. The data source used in normative research was secondary data source. Technique of collecting data employed in this research was library study. Technique of analyzing data used was deductive syllogism using: grammatical and systematical interpretation methods. Considering the result of research, it can be concluded that the rationale of appeal-to-the supreme office of the counsel for prosecution of Indonesian Republic against the decision of freedom in the severe human right breach criminal cases with the accused Kombes Polisi Drs. Daud Sihombing, SH is that human rights court in Makasar First Instance Court that had decided in examining and trialing the court “did not apply the law regulation or applied the law regulation improperly” (Article 253 clause (1) letter a KUHAP), that is the Chamber of Judge interpreted incorrectly the “crime against humanity” as regulated in Article 9 of Act No. 26 of 2000. The Supreme Court Judge’s rationale in Examining and Deciding the appeal-to-the supreme office of the counsel for prosecution of Indonesian Republic against the decision of freedom in the severe human right breach criminal cases with the accused Kombes Polisi Drs. Daud Sihombing, SH that the reasons proposed by the kasasi requester cannot be justified because Judex Factie does not apply the law incorrectly, moreover regarding the assessment of verification result that is reward in nature about a reality. The Supreme Court argues that in fact the Kasasi requester cannot prove that the decision is the impure liberation. The decision is stated as rejected and the accused is liberated, so that the case expense in all levels of judicial level is imposed to the State. Keywords: appeal-to-the Supreme Court (Kasasi), sever Human Right Breach.

    Item Type: Thesis (Other)
    Subjects: K Law > K Law (General)
    Divisions: Fakultas Hukum
    Fakultas Hukum > Ilmu Hukum
    Depositing User: Lutvi Satriyo Putro
    Date Deposited: 15 Jul 2013 16:54
    Last Modified: 15 Jul 2013 16:54
    URI: https://eprints.uns.ac.id/id/eprint/4486

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