Karya Ilmiah

DISERTASI (176) - Kebebasan Hakim Dalam Menerapkan Sanksi Pidana Minimum Khusus

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This title dissertation is "Independence of Judge In Applying Punishment
for Specific Minimum Punishment". This dissertation research raised the legal
issues about position and autonomy of the judge in the criminal justice, the ratio
legis of minimum punishment criminal specific of Law, ratio decidenci of the
judge's decision which deviate minimum punishment threshold in regulation.
The methods this dissertation research is employs several approaches
problems that us normative research methods, that is Statute Approach,
Conceptual Approach, and Case Approach.
This research concluded the independence of judges always relate with
freedom of judges that is the judge's discretion. The independence of judges in
deciding cases bound by the rules and regulations.The arrangement specific
minimum criminal provisions in the law by the legislators intended to reduce the
disparity by the judge when criminal punishment must be allow. The Judge’s
decision in criminal case in legal considerations has the freedom with consider of
the objectivite aspect and the subjective aspect of the judges.
Strengthening the control and professionalism of judges in the position and
independence of the judge in the criminal justice agencies. Need a revision in the
regulation that arrange minimum punishment by eliminating that regulation.
Judges in decided cases can lead to injustice. because the judge will be bound by
the penal norms in the legislation. The judge in deciding a case should aim to
uphold law and justice.

Keywords : Independence of Judges, A Minimum Punishment;

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Ketersediaan

031070522

176

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

176

Penerbit

Surabaya : Fakultas Hukum Unair., 2017

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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