ANALISIS PUTUSAN HAKIM DALAM GUGATAN PRAPERADILAN PERKARA PIDANA DI PENGADILAN NEGERI KUDUS ( TELAAH YURIDIS MENGENAI PUTUSAN HAKIM PRAPERADILAN DALAM PERSPEKTIF HUKUM DAN KEBIJAKAN PUBLIK )

SULIJATI, (2008) ANALISIS PUTUSAN HAKIM DALAM GUGATAN PRAPERADILAN PERKARA PIDANA DI PENGADILAN NEGERI KUDUS ( TELAAH YURIDIS MENGENAI PUTUSAN HAKIM PRAPERADILAN DALAM PERSPEKTIF HUKUM DAN KEBIJAKAN PUBLIK ). Masters thesis, Universitas Sebelas Maret.

[img] PDF - Published Version
Download (325Kb)

    Abstract

    Sulijati. S. 310207024. 2008. An Analysis of Judicial Verdict in Penal Case Pre-court Lawsuit at District Court of Kudus ( A Judicial Review on Judicial Verdict from Law and Public Policy Perspectives). Thesis. Graduate Program in Law. Sebelas Maret University The research find out and analyzed the judicial verdict, Verdict Number 01/Pid.Pra/2005/PN.Kds, in penal case pre-court lawsuit at district court of Kudus. The research is a doctrinal one based on the three concept of law. The research was diagnostic one and analyzed through qualitative method. The results of the research show that the factors that hamper the issuance of judicial verdict in penal case pre-court lawsuit at district court of Kudus are as follows: (1) the Provision Article 82, particularly sub-article 1 letter c and d, provides the judge a chance to reject a pre-court lawsuit. This is due to the fact that a pre-court lawsuit can be rejected when it has been taken into the court. The success of a pre-court lawsuit highly depends on the good will and integrity of the involved judges. This is due to the limited time (seven days) for the judges to review a pre-court lawsuit. Finally, there is a tendency among the people that pre-court lawsuit is taken as a test case to see the good will of the judges involved in handling a case or to buy time for taking a case into court. By doing so, there is a chance for a case in question will be closed down legally. As a result, this situation tends to make the society distrustful of the pre-court and to flourish law uncertainty among the society. Therefore, this research suggests that there should be a concrete explanation on the interpretation of the Provision Article 82, sub-article (1) letter c and d in order to minimize its misinterpretation. An internal supervisory should be established to prevent the judge involved from buying time for reviewing a pre-court lawsuit.

    Item Type: Thesis (Masters)
    Subjects: K Law > K Law (General)
    Divisions: Pasca Sarjana > Magister > Ilmu Hukum - S2
    Depositing User: Users 837 not found.
    Date Deposited: 18 Aug 2013 23:28
    Last Modified: 18 Aug 2013 23:28
    URI: https://eprints.uns.ac.id/id/eprint/9930

    Actions (login required)

    View Item