CD Tesis

Tinjauan Yuridis Terhadap Keterlambatan Pengadilan Dalam Memberikan Salinan Putusan

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Giving a copy of the decision to the public prosecutor and investigator is an obligation that must be carried out by the court. Meanwhile, giving a copy of the decision to the defendant or legal adviser is "functional in the narrow sense". That is, the new court is obliged to provide a copy of the verdict to the defendant or legal adviser if there is a request from the defendant or his legal adviser, but it is not prohibited to give it without a request. In the field facts, there have been several cases where a copy of the decision was not given to the defendant or legal advisor in accordance with the time limit stipulated in the Circular Letter of the Supreme Court Number 1 of 2011 concerning Amendments to the Circular Letter of the Supreme Court Number 2 of 2010 concerning Submission of a Copy of the Decision. The formulation of the problem is how the weakness of the court's obligation to provide a copy of the decision in Indonesia, what are the legal consequences for the court and other parties if there is a delay in providing a copy of the decision in Indonesia, what is the ideal setting for the obligation of the district court to provide a copy of the decision in the future. This type of research can be classified as normative legal research by using the criteria of legal principles. Sources of data used, namely: primary legal materials, secondary legal materials and tertiary legal materials. The data collection technique is literature study. Data analysis was carried out qualitatively, namely the data obtained not by using statistics or mathematics or the like. The results of the research on the time limit for the submission of a copy of the decision by the court to the parties are no later than 14 (fourteen) working days after the decision is pronounced. As for the legal consequences within the period of giving a copy of the specified decision, if the court is late in providing a copy of the decision, then the chairman of the court will be penalized. The legal consequences for the parties if a copy of the decision is not submitted, then the parties cannot make an appeal in the case. Meanwhile, the independence of the judiciary can only be established if there is a clear system of transparency and accountability. Accountability serves to ensure that judicial power is exercised in accordance with the objectives of enforcing the law and realizing justice. This power must be accountable to the public as the holder of sovereignty. The Code of Ethics and Code of Conduct for Judges is a measure of the accountability of judges in carrying out their duties and authorities. Transparency is intended to ensure that judicial power is carried out in an accountable manner. All information on the exercise of judicial power must be accessible to the public, of course with exceptions determined by law.
Keywords: Court; Copy of decision; Judicial Power

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1910277982

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1910277982

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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