Putra, Andhika Eka and , Kuswardhani, S.H., M.Hum (2019) Malpraktik Profesi Penegak Hukum (STUDI PUTUSAN No. 336/K.Pid.Sus/2015 dan PUTUSAN No. 89/Pid.Sus/TPK/2015/PN.Jkt.Pst). Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
The purpose of this study are as follows: a) To find out malpractice Judges and Advocates are regulated in criminal law: b) To find out the form of malpractice committed by judges and advocates in Decision No. 336 / K. Pid. Sus / 2015 and Decision Number 89 / Pid. Sus / TPK / 2015 / PN. Jkt. Pst; c) To find out the mechanism for resolving malpractice Judges and Advocates. The research method using the problem approach used is juridicalnormative, that is the law is understood as a rule (norm), as a system of rules with dogmatic law or legal system so that it can be clearly understood. [1] In this case Decision No. No. 336 / K. Pid. Sus / 2015 and Decision Number 89 / Pid. Sus / TPK / 2015 / PN. Jkt. The Act is related to Law Number 48 of 2009 concerning Judicial Power and Law Number 18 of 2003 concerning Advocates. Research Results conducted by the author: a) For the giver of bribe, Article 209 of the Criminal Code is imposed and Article 210 Paragraph (1) of the Criminal Code. Law No. 20 of 2001 concerning Eradication of Corruption Crimes. Articles 5, 6, 11 and 12 which essentially contain bribery; b) Forms of Malpractice Done by Judge Putusan No.336 / K. Pid. Sus / 2015 and Advocates in and Decisions Number89 / Pid. Sus / TPK / 2015 / PN. Jkt. Judge's Behavior in Decision No. 336 / K. Pid. Sus / 2015 violates the provisions stated in the Criminal Code Article 419 Paragraph (1). Article 12 of Law No. 20 of 2001 concerning Eradication of Corruption Crimes. Acts taken by Advocates violate Indonesia's positive law, namely: Article 209 of the Criminal Code. Article 209 Paragraph (1) of the Criminal Code with a maximum of 2 (two) years 8 (eight) months imprisonment or a maximum fine of Rp. 4. 500.00, Article 210 Paragraph (1) KUHP and Law No. 20 of 2011 concerning Eradication of Criminal Acts of Corruption also regulates Bribery Providers, including Article 5 and Article 6; c) Dismissal of judges with disrespect is stated in Article 20 paragraph (1). Dismissal of an Advocate is regulated in Article 9, Article 10, Article 11 which includes a) Advocates stop or can be dismissed from their profession permanently for reasons; b) own application; c) sentenced to a criminal who has permanent legal force, because of a criminal offense that is threatened with a sentence of 4 (four) years or more; or; d) based on the decision of the Advocate Organization. Keywords: Professional Judges and Advocates, Malpractice, Legal Settlement
Item Type: | Karya ilmiah (Skripsi) |
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Uncontrolled Keywords: | Keywords: Professional Judges and Advocates, Malpractice, Legal Settlement |
Subjects: | K Law > K Law (General) |
Divisions: | Fakultas Hukum > Hukum |
Depositing User: | ANDHIKA EKA PUTRA |
Date Deposited: | 31 Jan 2019 03:43 |
Last Modified: | 31 Jan 2019 03:43 |
URI: | http://eprints.ums.ac.id/id/eprint/70330 |
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