CD Skripsi

Putusan Ultra Petita Dalam Perkara Pidana Ditinjau Dari Tujuan Pemidanaan

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According to the Criminal Procedure Code in making decisions, judges must consider a number of considerations, such as those listed in Article 182 paragraph (4) of the Criminal Procedure Code that the deliberations of judges to decide decisions must be based on indictments and everything that is proven during the hearing on trial. Judges who make decisions outside the article that are not indicted by public prosecutors / judges, the judges are considered to have made their own charges. If viewed from the purpose of punishment can be concluded that the purpose of punishment is "public protection" (social defense) and "public welfare" (social welfare). Of course this ultra petita case raises problems because it reflects injustice for parties who are litigants, but on the other hand this decision is considered as an embodiment of justice. There are differences of opinion among several criminal law experts against ultra petita decisions when viewed from the purpose of punishment. Some argue that they disagree and agree. However, according to the author, if viewed from the goal of ultra petita punishment, it can provide a solution as a way to substantive justice. The purpose of this study is to find out the opinions of criminal law experts and the basis of judges' consideration in deciding criminal cases regarding ultra petita if viewed from the purpose of punishment. This type of research is normative legal research, which is also referred to as library research, this research is carried out aimed only at written legislation or other legal materials. This study will examine the subject matter in accordance with the scope and identification of problems through the approach of the Act (statueapproach) carried out by examining legislation and regulations relating to the legal issues being studied. Normatively, there is no single article in the Criminal Procedure Code which regulates ultra petita verdicts. In other words, it requires the judge to decide on punishment in accordance with the demands of the prosecutor / public prosecutor. Judges have the freedom to determine the punishment according to legal considerations and conscience, can be higher than what is demanded. The judge in dropping the lightness of criminal penalties (orders) to be charged to the defendant is "free". The law gives freedom to judges to impose criminal penalties between the minimum and maximum penalties threatened in the relevant criminal article. Keywords: Ultra Petita - Purpose of Penalty - Opinion of Criminal Law Expert.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 119 (0020)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2019

Deskripsi Fisik

vi, 71 hlm.; ill.; 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 119 (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

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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