Akrim, Fais (2017) PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA KELALAIAN LALU LINTAS YANG MENGAKIBATKAN HILANGNYA NYAWA ORANG LAIN (STUDI KASUS DI PENGADILAN NEGERI KABUPATEN DEMAK). Undergraduate thesis, Fakultas Hukum UNISSULA.
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Abstract
The enforcement of criminal sanctions to traffic carelessness defendant who causes death and injury to others, in its settlement, is often inappropriate with the law on Article 230 Act No. 22 Year 2009 about Traffic and Road Transportation, but instead it is often settled through a mediation between both involved parties. The term is consistent with the police discretion which is vulnerable to authority abuse. Hence, the writer would like to analyze a traffic case which gets into the criminal procedural law and explain about the criminal sanctions enforcement of the judges to defendants in Pengadilan Negeri Demak. Law research is one of the primary means in the development of science and technology which analyzes the applied provisions of law and what happens within the society. The legal materials needed in this research were obtained by using juridical sociology approach, because the case was examined not only from the perspective of the law or positive law alone, but also having regards to the sociological law aspects in social interaction and the implementation of law protection in the society. In this research, the consideration of the judges in determining whether heavy or light the criminal sanction is to the defendant is not appropriate with Article 310 Section (2) and Section (4) Act No. 22 Year 2009 about Traffic and Road Transportation, instead, it is determined through judges’ jurisprudence which is regulated in Article 8 Section (2) Act No. 48 Year 2009 about Judicial Authorities. Judges shall inquire the local law applied within the society in order to balance both law and the societal values. Keywords: Criminal Sanction, Carelessness, Traffic.
| Item Type: | Thesis (Undergraduate) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum Fakultas Hukum > Ilmu Hukum |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 24 Nov 2017 02:15 |
| Last Modified: | 24 Nov 2017 02:15 |
| URI: | http://repository.unissula.ac.id/id/eprint/7527 |
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