PERTIMBANGAN PENANGGUHAN PENAHANAN OLEH PENEGAK HUKUM DALAM PROSES PERKARA PIDANA DI WILAYAH HUKUM PENGADILAN NEGERI SLEMAN

Rumbay, Michael Eduard (2011) PERTIMBANGAN PENANGGUHAN PENAHANAN OLEH PENEGAK HUKUM DALAM PROSES PERKARA PIDANA DI WILAYAH HUKUM PENGADILAN NEGERI SLEMAN. S1 thesis, UAJY.

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Abstract

The state of Republic of Indonesia is a legal state based on Pancasila and Constitution of 1945 which highly emphasize human right as well as guarantee the entire citizen has equal position under the law and government by no exception. The Act Number 08 of 1981 on Civil Code gives alternative of problem solution on the imprisonment, by using valid legal procedure and many factors needs to consider. The providing of imprisonment postponement by legal enforcing apparatus towards the accused or defendant however the imprisonment postponement is not given hastily by legal enforcing apparatus. Civil Code has appointed and positions the accused or defendant in “graduated” position, as creature of God who has thorough human dignity and valence. Law should be enforced. However in the implementation of legal enforcement towards the accused or defendant, it should be left by the primary human right which attached to him self. This research intended to gain information on consideration of the legal enforcer in the level of investigator of POLRI, in level of accusation by General Attorney, and in the level of investigation in the court by the Judge in fulfill the proposal on imprisonment postponement in the area of Sleman Regency. This research was conducted by descriptive research type. The data source in this legal source was gained from primary data and secondary data. The primary data was gained from direct result of research by interview to the source person; meanwhile secondary data was gained from literary research. The result of this research showed that the providing of imprisonment postponement by legal enforcer in process of criminal case in area of Sleman Regency can be fulfilled by considering matters as follow: 1) consider the criminal action was conducted, 2) considering the condition of the accused or defendant, 3) the existence of guarantee, 4) situation and social opinion.

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