CD Tesis

Kekuatan Petikan Putusan Sebagai Dasar Eksekusi Oleh Jaksa Berdasarkan Surat Edaran Mahkamah Agung Nomor 1 Tahun 2011

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As one part of a criminal justice system, the Prosecutor's Office has the
authority to implement court decisions against decisions that have permanent
legal force. The role of the Prosecutor as the executor of decisions is based on
several regulatory provisions including: 1) Criminal Procedure Code, 2)
Prosecutor's Law, 3) Judicial Power Act and others. In practice, the execution of
decisions made by the prosecutor has administrative problems, namely the delay
in receiving a copy of the verdict. So that the Supreme Court issued Circular
Letter (SEMA) Number 1 of 2011 which essentially made the excerpt of the
decision as the basis for the Prosecutor to carry out executions other than a copy
of the decision.
Therefore, the purpose of this study is to find out the strength of the
decision excerpt as the basis for execution by the Prosecutor after the publication
of SEMA No. 1 of 2011. This research is a normative legal research using a
qualitative approach. The results of this study indicate that in practice, the use of
excerpts of decisions as the basis for prosecutors to execute decisions brings pros
and cons. Some cases have even resulted in refusal to be executed by the
Prosecutor on the grounds that the execution of the decision must be carried out
with a copy of the decision based on Article 270 of the Criminal Procedure Code.
This means that the execution of decisions based on excerpts of decisions
is still very weak in its application. This is because SEMA as the basis for
execution using excerpts of decisions are often confronted with the Law/KUHAP.
Thus, there is a need for further regulation regarding strengthening the authority
to execute decisions by prosecutors that are regulated in the law, for example the
Prosecution Law which is currently being entered into the National Legislation
Program or other related laws for better law enforcement in the future. .
Keywords: Excerpts of Decisions, Execution of Prosecutors, Circular Letter of
the Supreme Court Number 1 Year 2011

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 221 (0016)

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2021

Deskripsi Fisik

viii, 96 hlm.: ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 221 (0016)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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