CD Skripsi

Penentuan Kriteria Perbuatan Permulaan Pelaksanaan Pada Tindak Pidana Makar Di Indonesia

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ABSTRACT
Makar comes from the word aanslag (Dutch), which according to the literal
meaning is an attack or attack. P. A. F. Lamintang has another interpretation of
makar or aanslag which means attack or attack with no good intention. While makar
according to Article 87 of the Criminal Code: "It is said that there is a plan to do an
act, if the intention for it has turned out from the beginning of implementation, as
referred to in article 53". So article 87 of the Penal Code only gives an interpretation
of the term "makar" and does not give its definition. With article 87 of the Criminal
Code, the plan to do such an act if there is an intention for it has existed, which turns
out from the initial act of implementation as referred to by article 53 of the Criminal
Code. Makar during the Old Order was more concrete because it pointed to real
events while during the Reformation, the article makar has been applied even though
no real action has occurred. The existence of early acts such as raising the flag,
attending meetings has been considered a perfect act. Contrary to a number of facts
of recent debates, it shows evidence that the constitutional court ruling that considers
the debate on makar has not resolved the issue. Moreover, the Decision of the
Constitutional Court does not make interpretations or create new norms about the
meaning of makar. This needs to be a determination of the criteria for the initial act
of criminal treason in Indonesia. The formulation of problems in this research is
First, How is the implementation of cases of the initial implementation of criminal
acts in Indonesia? Second, What is the ideal formulation for determining the criteria
for the initial implementation of makar crimes in Indonesia?
The research method used is a type of normative legal research or literature
law research. Research is conducted on legal principles and legal comparisons
related to the problems examined. This research was obtained by studying and
reviewing books, legislation, various scientific works, and others. Data analysis in
this research was conducted qualitatively.
The results of the study that law enforcement against the initial
implementation of criminal acts during the old order is more concrete than the
reform period that reaped many pros and cons and multi-interpretation in its
application. The initial act of implementation of the makar crime in Indonesia still
refers to the colonial regulation (Criminal Code) related to the elements of the makar
crime. It is necessary to formulation new norms in the determination of the initial
actions of this implementation through the fulfillment of several criteria of such
actions such as meeting the criteria of organized, systematic, massive and serious as
the basis for consideration of law enforcement officers conducting law enforcement.
Keywords: Makar, Criteria, Beginning of Implementation.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0047)

Penerbit

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

Deskripsi Fisik

x, 66 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0047)

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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