Architia Dewi, 131000033 (2017) KEPASTIAN HUKUM BATAS WAKTU PELAKSANAAN PUTUSAN PENGADILAN PIDANA PENJARA OLEH JAKSA PENUNTUT UMUM BERDASARKAN KUHAP JO UU NO. 16 TAHUN 2004 TENTANG KEJAKSAAN. Skripsi(S1) thesis, Fakultas Hukum Unpas.
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Abstract
Legal assurance is a conception expected to realize justice by many people. Law enforcement, particularly in the implementation of court decision that has permanent legal binding especially general criminal charge related to imprisonment, sometimes uncertainty occurs. Not only general criminal charge, but also special offense, legal uncertainty often happens in the execution due to some factors. How is the implementation of court decision on imprisonment immediately executed by the judge? In addition, what are the factors influencing the postpone of execution leading to legal uncertainty? And is there any expiry in executing the court decision with permanent legal binding? Over all by considering the applied regulations. Method of research used is juridical normative that is a research on various literatures, therefore the collection and the findings of data and information are through library study supported by field research. By using descriptive analytical research specification describing thoroughly and systematically the legal assurance in the execution of court decision with permanent legal binding regarding imprisonment by the prosecutor. Data analysis are taken with juridical qualitative method, data obtained are listed in inventory, studied, and analyzed systematically and integral. Immediately, in the regulation, means that as soon as a court decision has its permanent legal binding (inchracht van gewijsde) in which the court sends the copy of the decision to the attorney, the chief of the attorney office issues an order to execute the decision and to be conducted by the prosecutor in 7 (seven) days at the latest after the issue of the order. However, in fact, it is delayed due to factors both from the law enforcement and from the convict or even from the law enforcement facility leading to the expiry of the right of the prosecutor to execute the decision.Keywords: Incracht, General Attorney, Circular of the Supreme Court, Legal Assurance, Immediate execution, Imprisonment, General Criminal Charge
| Item Type: | Thesis (Skripsi(S1)) |
|---|---|
| Subjects: | S1-Skripsi |
| Divisions: | Fakultas Hukum > Ilmu Hukum 2018 |
| Depositing User: | Lilis Atikah |
| Date Deposited: | 19 Feb 2018 07:50 |
| Last Modified: | 19 Feb 2018 07:50 |
| URI: | http://repository.unpas.ac.id/id/eprint/33146 |
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