TINJAUAN YURIDIS PENANGGUHAN PENAHANAN TERSANGKA / TERDAKWA TINDAK PIDANA KORUPSI DALAM PERSPEKTIF HUKUM PIDANA INDONESIA
| Main Author: | Muhibudin, Muhibudin |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | ind |
| Terbitan: |
, 2016
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| Subjects: | |
| Online Access: |
https://eprints.untirta.ac.id/11336/1/TINJAUAN%20YURIDIS%20PENANGGUHAN%20PENAHANAN.pdf https://eprints.untirta.ac.id/11336/ |
Daftar Isi:
- Law enforcement is essentially intended to provide legal certainty (rechtzekerheid), justice (rechtvaardigheid), and usefulness (rechtvoordeelheid) for justice seekers and the public. Legal certainty is the protection for all citizens those affected by the law against arbitrary actions or deeds that harm of others. In law enforcement, law enforcement agencies at the level of investigation, prosecution, and trial, has the authority to suspend the detention of the suspect / defendant. However, in the practice of law enforcement of corruption, the use of the authority often cause contentious and legal uncertainty. The base on one side of the surety is a right that can be filed by each of the accused / defendant without exception of the offenses committed, but on the another corruption is known as an extraordinary crime that require exceptional handling anyway. Therefore, this study will analyze how law enforcement considerations in granting the suspension of detention of the suspect / defendant of corruption that can make the balance between legal certainty and justice; and how the implementation of the suspension of detention of suspects / accused of corruption in the theory and practice of law enforcement. To answer these problems, for the analysis be used Grand Theory that the system of Criminal Law which is supported by the Middle Range Theory, which is theory of the Criminal Justice System and to apply both theories in the application for suspension of detention of corruption required Applied Theory is theory Rule of Law and Justice. The research methods is the normative juridical approach. So the result is the suspension of detention remedy is the right of every suspect / defendant, all met the conditions specified by law as well. However, the main considerations other than law enforcement is affected juridical terms, can also be influenced by considerations in terms of the philosophical, sociological, and political; and basically can be done retaining suspension without collateral but in practice the suspension of detention of corruption crimes only can be done if the suspect / defendant has been restoring the country's financial losses