PENERAPAN PASAL 486 KUHP OLEH HAKIM DALAM PENJATUHAN PUTUSAN PIDANA TERHADAP RESIDIVIS

Jussica, Enggar (2016) PENERAPAN PASAL 486 KUHP OLEH HAKIM DALAM PENJATUHAN PUTUSAN PIDANA TERHADAP RESIDIVIS. . pp. 1-13.

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Abstract

The application of the rule of law in the Book of Criminal Law which is codified systematically has the force of law for law enforcement officials. The codification of rules that is divided into three parts. The Chapter on the repeated criminal act is regulated under Article 486 of the Criminal Law Act. The distribution of the rules of this article is only seen from crimes committed by recidivists. Therefore, Article 486 of the Criminal Law Act provide normative rules for perpetrators of crime recidivists by adding one-third penalty of the decision of the judge that is legally binding. The application of these articles by the decision of the judge shall have the values of justice for the people, for law enforcement officers and the prisoners. For the imposition of the Judge granted to perpetrators of crime recidivists should provide a deterrent effect. Although, in the practice of law enforcement, law enforcement officials such as investigators, and prosecutors rarely give the Articles of the dossier by the investigator as well as in the Plan Claims and claims by prosecutors as the public prosecutors.

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