TINJAUAN PELAKSANAAN PUTUSAN HAKIM YANG MEMPUNYAI KEKUATAN HUKUM TETAP DALAM PENJATUHAN PIDANA MATI

Gaol, Maruli Tua Lumban (2010) TINJAUAN PELAKSANAAN PUTUSAN HAKIM YANG MEMPUNYAI KEKUATAN HUKUM TETAP DALAM PENJATUHAN PIDANA MATI. S1 thesis, UAJY.

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Abstract

The judicial power is independent of State Power to hold the judiciary to uphold the law and justice based on Pancasila, the State Law by terselenggaranya Republic Indonesia. Talking about the death penalty is an indirect means to talk about the law itself. Application of criminal law can be seen from two sides, ie the rule of law and the terms of the application of the law. Every decision of the court who already have permanent legal force, implementation is done by prosecutors as eksikutor which is authorized by the Act. In terms of implementing the death penalty provided for in Article 10 paragraph (1), (2),(3) Presidential Determination No. 2 of 1964 on Criminal Procedure of the Court Dead Dropped by the General Court and Military environment. The formulation of the problem in Legal Writing/thesis is divided into 2 (two) 1. What are the obstacles prosecutors in carrying out executions 2. How to carry out executions. In this legal research, research method which writer use is method impiris. Empirical research method is the study of legal identification, research on the effectiveness of the law. In this case the Attorney obstacle in carrying out executions is a fund, in which every attorney who is on the territory of Indonesia does not have specific budget lines that manage funds for the executions Attorney shoul make a proposal or ask the fund to the government propensi each of which carry out executions. The provisions are required as follows, Cost Doctor, Cost Spirituability, Coffin Costs, Transportation Costs, Cost Team School. How to carry out executions in Indonesia is conducted by way of being shot dead by the following provisions, chief of police formed a team consisting of a shooter, officer, twelve (12) Tamtama people, under the command of an officer, all from the Mobile Brigade (Brimob).

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