Analisis yuridis ganti kerugian terhadap tindakan salah tangkap (putusan no. 98/pid.prap/2016/pn.jktsel= Judicial Analytical on, Compesasion in False Arrest (Court Judgment No
98/Pid.Prap/2016/PN.JktSel)
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Institusion
Universitas Pelita Harapan
Author
Sidabutar, Yordan Gabriel N G
Subject
K Law (General)
Datestamp
2020-09-02 07:56:41
Abstract :
Escalation level of criminal act in Indonesia causing a lot of casuallities, and forcing people to defending them self more for their soul and life sake, even with violence agains the agressor. The main problem is occasionally even the law enforcment can do mistake when enforcing the law itself . The purpose of this reserach aims to know how compessation and false arrest it self are Regulated and applied in Indoensia based on Indonesia Penal Code. Studied from court judgment number 98/Pid.Prap/2016/PN.JktSel. This research is normative research. Data used in this research are secondary data. Data collecting Technique used in this research is library research. The approach used is conceptual approach. Data analysis method used is qualitative method. The research results showed that the Compeessation and False Arrest are regulated in Indonesia Goverment Law number 92 year 2015 and apllied based on the element of the verse itself. In deciding the result of the case District Court and Supreme Court Judges counting on Indonesia Goverment Law number 92 year 2015 and it?s element for deciding is the accused guilty or not. The Judges then Decide that the accused are found proved for false Arrest and also not found guilty, Because the arrest itself are illegal, the accused are not taking any act and respobsility for the criminal that occur on that occasion and shouldn?t be presuctured more. and found suitbale with the conditions that are conduct in the element Goverment Law number 92 which is suitable within the rules and law that accour in Indonesia and also within the essentials of the justice itself.
Escalation level of criminal act in Indonesia causing a lot of casuallities, and forcing people to defending them self more for their soul and life sake, even with violence agains the agressor. The main problem is occasionally even the law enforcment can do mistake when enforcing the law itself . The purpose of this reserach aims to know how compessation and false arrest it self are Regulated and applied in Indoensia based on Indonesia Penal Code. Studied from court judgment number 98/Pid.Prap/2016/PN.JktSel. This research is normative research. Data used in this research are secondary data. Data collecting Technique used in this research is library research. The approach used is conceptual approach. Data analysis method used is qualitative method. The research results showed that the Compeessation and False Arrest are regulated in Indonesia Goverment Law number 92 year 2015 and apllied based on the element of the verse itself. In deciding the result of the case District Court and Supreme Court Judges counting on Indonesia Goverment Law number 92 year 2015 and it?s element for deciding is the accused guilty or not. The Judges then Decide that the accused are found proved for false Arrest and also not found guilty, Because the arrest itself are illegal, the accused are not taking any act and respobsility for the criminal that occur on that occasion and shouldn?t be presuctured more. and found suitbale with the conditions that are conduct in the element Goverment Law number 92 which is suitable within the rules and law that accour in Indonesia and also within the essentials of the justice itself.
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