CD Skripsi

Rekonstruksi Kebebasan Hakim Dalam Memutus Perkara Pidana Berbasis Hukum Progresif

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As the evolution continues to grow from the scientific side, the idea to establish the existence of jurisprudence, True science is also growing. It should be noted carefully that in taking legal action or law enforcement, law enforcement not only work to see the law in its foundation as the rule of law, but also should build on the foundations of other, more important, the bases were formulated by Radbruch law as a fundamental value, namely, certainty, justice and expediency. Judicial independence is the guarantee of the independent judicial implementation power as outlined in the Judicial Authority Act No. 48 of 2009 states that "Judicial Power is an independent power to organize court for uphold law and justice.
The purpose of this thesis are; to know the practice of judges in deciding the case of criminal law based on Progressive. Second; to know new construction build a legal culture based progressive law judges in realizing a true and fair verdict and protect the public interest. Progressive judges are judges who adhere to the flow of progressive law. The word comes from the progressive progressi means progress. So, expected that the law should be able to keep abreast of the times, able to answer the changing times with all the basic therein, and able to serve the community by leaning on the aspects of morality and human resources law enforcement. The Kind of research / approach is used by the authors is a normative study, with the approach of Legal Theory and principles of the law. Because it makes the literature as the main pedestal.
From the research problem, there are two main things that can be inferred, first, entrance to the progressive application of the law in the practice of the courts in Indonesia, has been formally granted by Act No. 48 of 2009 on Judicial Power. Second, in practice at the Criminal Court, has begun characterized by a progressive way of thinking, but a way of thinking is still the mainstream of legal positivism among the judges of the courts in dealing with criminal matters. Progressive law presented extremely relevant and important to base and referral cultural reconstruction law judges in handling criminal cases in court. Advice from the writer are, first, in the practice of criminal justice tradition of thinking that the progressive needs to be supported, in order to truly become a legal culture among judges in handling criminal cases that the judge's decision is fair, correct and protect the interests of society and immediate ratification of the draft Law Book of the Criminal Law Indonesia, to make it clear that in addition to the written law / legislation. Second, the judge in deciding a criminal case in court should not too captive to the law, to violate the laws of justice it has obtained valid, provided that the judge may account for its decision. And the necessity to insert the material / progressive method of teaching law at the College which opened students insight on legal issues in their entirety. Keywords: Progressive Law – Reconstruction - Legal Positivism

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 116 (0102)

Penerbit

Pekanbaru : Universitas Riau - Fakultas Hukum - Hukum Pidana., 2016

Deskripsi Fisik

xii, 98 hlm.: ill.; 29 cm

Bahasa

ISBN/ISSN

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Klasifikasi

09 04. 116 (0102)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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