CD Skripsi

Tinjauan Yuridis Ketentuan Daluwarsa Dalam Pengajuan Ganti Kerugian Melalui Praperadilan Terhadap Perkara Salah Tangkap

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ABSTRACT
Wrong arrests are a case that often occurs in Indonesia. Literally,
misunderstanding is mistaking the person in question or mistaking the person.
The wrong arrest case has a huge impact on the victim and also his family.
Victims of wrong arrest experience suffering physically, psychologically and
materially. Often victims and also their families get negative stigma from the
community who knows this. Regarding this matter, it is proper for victims of
wrong arrest to receive rehabilitation and compensation. The legal basis for
the court to provide compensation and rehabilitation is stated in Article 9 of
Law Number 48 of 2009 concerning Judicial Powers. The regulation of the
right to compensation in the Criminal Procedure Code is a manifestation of
human rights. Compensation can be filed within a maximum period of 3 (three)
months from the date of excerpt or 3 (three) months after receiving a copy of
the court decision with permanent legal force, this is a regulated in Article 7
paragraph (1) Government Regulation Number 92 of 2015 concerning the
second amendment to Government Regulation Number 27 of 1983 concerning
Implementation of the Criminal Procedure Code. However, in its
implementation, there are still victims of wrongful arrests who do not receive
compensation.
This type of research is normative legal research which is also called
doctrinal legal research. This research uses secondary data or codified
scientific data. The data collection technique used in this legal research is the
library research method. In this paper, the author uses qualitative data
analysis which produces descriptive data, which means explaining and
concluding about the data that has been collected by the author.
The result of this reserach is to explain that the timeftame regarding filing a
claim for compensation is regulated in Article 7 paragraph (1) of Government
Regulation Number 92 of 2015, but there is legal uncertainty in it so that the
victim of a wrongful arrest cannot receive compensation. The author provides
an ideal concept in the from of extending the period of time in filing a claim for
compensation as stated in Article 7 paragraph (1) of Government Regulation
Number 92 of 2015 to a maximum of 6 (six) months from the date the copy of
the court decision with legal force is still received. Considering that in pactice
the submission of a copy of the decision took a very long time. This is done so
that there is legal certainty regarding the period of time in submitting
compensation for the victim of a wrongful arrest so that the victim can receive
the compensation.
Keywords: Expired - Claim for Compensation - Pretrial

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 120 (0248)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2020

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 120 (0248)

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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