PEMBUKTIAN UNSUR KESALAHAN SEBAGAI SYARAT PEMIDANAAN DALAM TINDAK PIDANA PEMBUNUHAN

DIANTO, ARDIKA DIAN PRAMU (2013) PEMBUKTIAN UNSUR KESALAHAN SEBAGAI SYARAT PEMIDANAAN DALAM TINDAK PIDANA PEMBUNUHAN. S1 thesis, UAJY.

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Abstract

This study aims to determine how the Bekasi District Court judge ruled against the perpetrators of the Crime of criminal murder, including manslaughter case and murder case and determine how to application of the assessment of the fault element of a criminal homicide. Given the error element is the most fundamental element to able to know or judge whether or not actions worthy offender sentenced for. This research includes studies of normative legal prescriptive because this study is a scientific research to find the truth based on scientific logic of the law. This study approaches the laws and regulations and case approach. Types of legal material that I use is the primary legal materials, secondary legal materials. Based on the result of this study showed that the defendant legally and convincingly proven guilty of commiting a crime murders. In the first lawsuit, defendants sentenced to prison for 4 (four) years, in the second lawsuit defendants sentenced to prison for 10 (ten) years. Bekasi District Court judge has looked at the evidentiary error element of argency. Results of this study are expected to provide the basis and foundation for further research and to contribute knowledge and ideas that are beneficial to the development of jurisprudence in particular in the Criminal Procedure Code and practice in the field. The practical benefit is that it can provide data and information on the decisiom of the District Court of Bekasi. Results of this study can also make reference to sanctions in accordance with the rules and for the sake of law in Indonesia.

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