CD Tesis

Disparitas Putusan Hakim Dalam Perkara Tindak Pidana Narkotika Di Wilayah Hukum Pengadilan Negeri Bangkinang

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Criminal disparity is also often associated with the independence of judges. The criminal punishment model regulated in legislation (the formulation of maximum criminal sanctions) also contributes. In passing a decision, a judge may not be intervened by any party. The formulation of the problem examined in this study is firstly, how is the disparity in the decision of the judge if it is related to the principle of Nulla Poena sine lege in giving limitations to the judge related to Article 4 Paragraph (1) of the Law of the Republic of Indonesia No. 48 of 2009 concerning Judicial Power. Second, what is the basis of the judge's judgment in imposing a criminal decision on narcotics offenders in the Legal Area of the Bangkinang Court, especially in 2019.
In this research, the author uses the following methods, this research using normative legal research method. Document study is the first step of any legal research (both normative and sociological) because legal research always departs from the normative premise, while the nature of this research is descriptive, meaning that the writer tries to give a detailed description of the disparity in decisions of the district court judges in criminal cases narcotics.
Judging from the two points of discussion and research above, the writer can conclude, first, the disparity in the decision of the judge if it is related to the principle of nulla poena sine lege in giving limits to the judge connected with Article 4 Paragraph (1) of the Republic of Indonesia Law No. 48 of 2009 concerning Judicial Power: The principle of nulla poena sine lege is contained in article 1 of the Kuhp in order to provide a limitation so that judges are not arbitrary in giving criminal decisions, but in practice judges are free to give decisions without intervention, the nulla poena sine lege principle is not inherited from the Dutch legacy. in line with article 4 paragraph 1 of the law of the Republic of Indonesia no. 48 of 2009 concerning judicial authority. Second, the basic consideration of judges in issuing criminal decisions against narcotics offenders in the jurisdiction of the Bangkinang court, especially in 2019, in essence the judges' considerations should also contain the following matters: Principal issues and matters that are recognized or arguments that are recognized not denied. There is a juridical analysis of the verdict on all aspects concerning all facts / proven matters in the trial.
Keywords: Disparity-Judge Decision-Narcotics Crime

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 220 (0020)

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Hukum., 2020

Deskripsi Fisik

x, 127 hlm,; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 220 (0020)

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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