CD Skripsi

Tinjauan Yuridis Terhadap Penerapan Deponering Dikaitkan Dengan Asas Equality Before The Law

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ABSTRACT
Waiver of criminal cases for the sake of public interest or can be referred to
as “deponering” is the embodiment of the opportunistic principle that has been
legitimized by the state through Article 35 letter c of Law No. 16 of 2004
concerning the Republic of Indonesia Attorney General's Office and Article 14
letter h of the Law Code. Criminal Procedure. In fact, what should be an
important note for the government and law enforcement officials is that from the
perspective of the general public who do not understand the law comprehensively,
the decision to waive a criminal case (deponering) can be a matter that could
become an act of favoritism, which reflects the attitude of enforcement. pronationality
law by the state.
This type of research is normative juridical research. In this research, the
researcher discusses the principles of law, namely the principle of equality before
the law, namely equality before the law. Then also using the legality principle.
The conclusions that can be obtained from the research results are: First, the
Deponering Regulation has been regulated based on Article 35 letter c of Law
Number 16 Year 2004 concerning the Attorney General's Office of the Republic of
Indonesia. The next weakness is a person who is proven to have committed a
criminal act which should be forwarded to a court hearing but the case is
deported or set aside on the grounds of the public interest So that in case waivers,
law and law enforcement are sacrificed in the public interest and cause the
principle of opportunity to be discriminatory and refute the meaning of equality
before the law. Second, the criteria for the Attorney General to link legal interests
and public interests in granting deponering basically do not have standard rules
and mechanisms implemented by the Attorney General before making a waiver of
a case in the public interest, he first discussed it with the relevant state power
agencies. with the case, either directly or indirectly. This is done considering that
the waiver of this case is carried out with the consideration of the public interest,
namely the interests of the nation and state or the interests of the wider
community. So it is necessary that the Attorney General first listen to the various
considerations that come in on his wish to set aside the case for the sake of this
public interest so that the objective of waiving the case (for the sake of the public
interest) is truly achieved and takes into account the principles of equality before
the law and does not cross the legality principle.
Keywords: Deponering, General Attorney, Equality Before The Law, Attorney.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0011)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2021

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0011)

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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