DISPARITAS PUTUSAN HAKIM DALAM MENJATUHKAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENCABULAN KEPADA ANAK (Studi Kasus Di Pengadilan Negeri Malang)
| Main Author: | WAHYUDHI, HERI |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2011
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/31395/1/jiptummpp-gdl-s1-2011-heriwahyud-22937-PENDAHUL-..pdf http://eprints.umm.ac.id/31395/2/jiptummpp-gdl-s1-2011-heriwahyud-22937-BAB%2BI.pdf http://eprints.umm.ac.id/31395/ |
Daftar Isi:
- Disparities which strikingly in dropping crime sanction to all perpetrator of doing an injustice besides generating equality in eye all perpetrator of doing an injustice especially and society in general, also will generate unsatisfied among all perpetrator of itself doing an injustice as well as among society. Logical consequence of system punish to have liberal soul individually, law system have class character (the class character of law). System punish is mechanism directly or indirectly serve interest of economic class and dominant political class. Crime disparities (disparity of sentencing) in this case is applying of unequal crime to is same crime (same offence) or to doing an injustices which in character can be compared to (offences of comparable seriousness) groundless of clear justification. Method approach of juridical normative, that is approach in research emphasizing study to judge decision upholding methods and law going into prevail. Its penalization materials type that is (1) materials punish primary (2) materials type punishes secondary. Techniques of data collecting (1) interview (2) observation (3) documentation. A technique of this data analysis that is descriptively qualitative is later on taken by relevant conclusion so that get accurate data. Pursuant to result of research can be concluded (1) consideration of judge in dropping crime sanction to perpetrator of doing an injustice of indecent behavior to child is KUHP explained that child is one of under age 16 year and have never married. In solving of case of doing an injustice of indecent behavior which in this case judge is obliged to consider report result of research of social concerning personal data and also pertinent family, including consideration of sociologies, juridical, psychological, and economics of religion. (2) Disparities because of difference of perception and interpretation to law and regulation arranging where each judge has difference and confidence to every handled case it.