CD Tesis

Upaya Hukum Terpidana Yang Menjalani Hukuman Melebihi Dari Putusan Hakim

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The judge's decision is the crown and peak of the reflection of the values of justice, ultimate truth, human rights, established, competent and factual mastery of the law or facts, as well as a reflection of the ethics, mentality and morality of the judge concerned. A court decision according to Article 1 point 11 of the Criminal Procedure Code is a judge's statement made in an open court session, which can be in the form of punishment or acquittal or release from all legal charges in matters and according to the method regulated in this law. All Court decisions are only valid and have legal force if they are pronounced in a hearing open to the public. Imposing criminal sanctions on someone who has committed a criminal act is a very important part of creating a criminal justice system, where in this case the judge should be able to choose the right type of criminal sanctions to be imposed on the perpetrator.
The type of legal research used by researchers is normative legal research. In this research, the focus of the research is on research at the level of legal principles, namely principles originating from Article 1 of the Criminal Code because in analyzing the researcher looks from the perspective of justice and the legal system in Indonesia.
Based on the results of the research and discussion, it can be concluded. Firstly, excess time serving a sentence for a convict is essentially an unlawful act in relation to the enforcement of criminal law and the upholding of justice which is ignored, whether intentionally or not, by law enforcers (state administrators). If there is an excess of time spent serving a criminal sentence in the form of imprisonment than that decided by the judge and which has permanent legal force, then the provisions of Article 95 paragraph (1) and its explanation are the only legal mechanism provided by the legislators to obtain compensation. Secondly, the rights of convicts who are serving prison sentences beyond the judge's decision can be seen from a justice perspective. The fundamental weakness in fulfilling the rights to justice for former convicts who are serving sentences beyond the required time stems from the provisions of the Criminal Procedure Code itself. The Criminal Procedure Code does not have detailed and specific regulations regarding the rights of former convicts who experience overstaying. This makes it difficult for judges to grant the rights that former convicts should receive.

Keywords: Legal Remedies, Convict, Sentence, Judge's Decision

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2110246750

Penerbit

Pekanbaru : Universitas Riau Pascasarjana Tesis Ilmu Hukum., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2110246750

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

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Versi lain/terkait

Lampiran Berkas

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