PELAKSANAANASASEQUALITYBEFORETHELAWDALAMPROSESPENYELESAIANPERKARAPIDANADIWILAYAHHUKUMPENGADILANNEGERISLEMAN

MUNTHE, MARUSAHA (2010) PELAKSANAANASASEQUALITYBEFORETHELAWDALAMPROSESPENYELESAIANPERKARAPIDANADIWILAYAHHUKUMPENGADILANNEGERISLEMAN. S1 thesis, UAJY.

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Abstract

The practice of legal enforcement in fact we still often meet, there is any discriminative implementation and resolution of the case. It means the similar legal implementation towards an individual however the implementation to the other person in legal law is not objective. The observation of the author gains the description each word. It is caused by the influence of the existence of social stratification, i.e. levels, individuals in the society influenced by economical, authority and educational factors. Unless it happens thus the legal enforcement is not equal to the principle of Equality Before the Law. Based on the aforementioned above observation, thus the author in this legal research submitted the title The Implementation of Equality Before the Law Principle in the Process of Resolution of Criminal Case in the Area of Sleman State Court. The problem formulation submitted was whether the process of criminal legal enforcement in the area of Sleman State Court has considered on the principle of Equality Before the Law? The purpose of this research was to gain any data on the process of criminal law enforcement in the area of Sleman State Court and as one of the requirements to gain the Master of Law degree in Law Faculty, Atma Jaya University of Yogyakarta. The type of research method in this research was normative legal research. The data used in this legal writing was legal sources comprising of primary data and secondary data. Primary data was gained through direct interview to the source persons, i.e. the officials in Sleman State Court, Sleman State Attorney, and advocate. Secondary data was gained through primary legal sources. The method of data collection used was normative research focused on primary data and secondary data as supporting data. Method of data analysis used in drawing conclusion is inductive reasoning method. From the result of this research, it can be drawn conclusion the process of criminal law enforcement in the area of Sleman State Court according to the Judge of Sleman State Court has considered the principle of Equality Before the Law. Meanwhile according to the Judge of Sleman State Court and the advocate, the process of criminal legal enforcement in the area of Sleman State Court has not been appropriate to the principle of Equality Before the Law.

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