CD Tesis

Tinjauan Yuridis Terhadap Sistem Pemidanaan Perkara Perbarengan Tindak Pidana (Samenloop Van Strafbare Feiten) Di Indonesia

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The State of Indonesia is a country based on law in the administration of government.
The state has a major function to prevent crime. This state function can be realized by
making a rule that regulates people's lives so that crime does not occur. Crime is a social
phenomenon that is always faced by every human being, society, and country. Some of these
crimes are punishable by a mayor criminal charge and a minor criminal charge. Criminal
charges are often referred to as "Samenloop Van Strafbare Feiten" as referred to in Book I
Chapter VI starting from Article 63 - Article 71 of the Kitab Undang-undang Hukum Pidana.
Meanwhile, minor criminal charge penalties are given to perpetrators of crimes committed
by children.
In this study, the problem is regarding the application of the criminal system in cases
of concurrent criminal acts, the judge's consideration in imposing a crime on cases of
concurrent crime (Samenloop Van Strafbare Feiten) so that it is far from what is expected by
the Kitab Undang-undang Hukum Pidana and a comparison of the criminal system in
ordinary criminal cases with concurrent criminal cases carried out with mayor criminal
charge.
This study aims to determine the application of the criminal system for concurrent
criminal cases (Samenloop Van Strafbare Feiten) in Indonesia, examine judges
considerations in concurrent criminal cases and their legal comparisons. The type of legal
research used by the author is normative legal research or library law.
From this study, it was found that the application of the criminal system in cases of
concurrent criminal acts (Samenloop Van Strabare Feiten) is still far from what the Kitab
Undang-undang Hukum Pidana aspires to. In the case of concurrent criminal acts, the
verdict handed down is lower than that of ordinary criminal acts. This is inseparable from
the considerations given by the judge to the perpetrators of the crime, namely the existence of
mitigating things such as the defendant admitting his actions, the defendant behaved well
during the trial and the defendant promised not to repeat his actions. Meanwhile, other
judges considerations are in the form of aggravating things such as the defendant actions
harming other parties, the defendant actions harming the community, and criminal acts
committed several times.
Comparison of concurrent criminal cases with ordinary criminal cases, namely
concurrent criminal acts, the trial process is longer than ordinary criminal cases, and
criminal penalties for concurrent criminal acts are lower than ordinary criminal acts.
Keyword : Criminal Act, Samenloop, Burdensome

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 221 (0042)

Penerbit

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

Deskripsi Fisik

xii, 98 hlm.: ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 221 (0042)

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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