Perdamaian Antara Pelaku Dan Korban Dalam Perkara Pidana Di Proses Peradilan (Studi Kasus Terhadap Putusan No 19/Pid.Sus/2019/PN.Sim dan Putusan No 1600 K/Pid/2009)

Sasongko, Akbar Ilham and -, Kuswardani, S.H., M.Hum. (2021) Perdamaian Antara Pelaku Dan Korban Dalam Perkara Pidana Di Proses Peradilan (Studi Kasus Terhadap Putusan No 19/Pid.Sus/2019/PN.Sim dan Putusan No 1600 K/Pid/2009). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The objectives of this research are: a) To know the concept of peace in the two judges' decisions? ; b) To find out the two judges' decisions, reconciliation can be the basis for the judge's consideration. The approach method in this study is a normative approach. The type of research used by the author is descriptive research, namely research that describes the applicable laws and regulations associated with positive legal theories concerning the problems under study. The results obtained are the concept of peace in decision number 19 / Pid. Sus / 2019 / PN. Sim between the witness and the defendant had forgiven each other and made peace, the witness still wanted to build a household with the defendant. The case was guided by the provisions of Article 4 of Law of the Republic of Indonesia Number 23 of 2004 concerning the Elimination of Domestic Violence. The concept of reconciliation in decision number 1600K / Pid / 2009 provides legal consideration that between the defendant Ismayawati and Emiwati / as a witness to the complainant there is a family relationship, where Defendant Ismayawati is Emiwati's son-in-law / as a witness to the complainant that the crime complained of is a criminal act of complaint ( complaint offense) relative. The basis for the judge's consideration in deciding the peace is in decision number 19 / Pid. Sus / 2019 / PN. Sim based on the legal facts revealed at the trial, between the defendant and the victim witness there was a peace. The basis for the judge's consideration in deciding the peace in the decision number 1600K / Pid / 2009 became the basis for the judge's consideration because the judex facti / High Court had wrongly applied law and justice.This is because the parents-in-law no longer question the criminal acts committed by the son-in-law, so the complaint is withdrawn, even though the withdrawal of the complaint has passed 3 months, which according to Article 75 of the Criminal Code has passed.

Item Type: Karya ilmiah (Skripsi)
Uncontrolled Keywords: concept of peace, legal basis of peace, peace in judge decisions
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Hukum
Depositing User: AKBAR ILHAM SASONGKO
Date Deposited: 30 Apr 2021 03:06
Last Modified: 30 Apr 2021 03:06
URI: http://eprints.ums.ac.id/id/eprint/90853

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