IRAUNA, EVA (2019) KEKELIRUAN JUDEX FACTI TERHADAP PENJATUHAN PUTUSAN PEMIDANAAN DALAM TINGKAT KASASI (Studi Kasus Putusan MA No : 1185 K/PID.SUS/2011.). Bachelor thesis, UNIVERSITAS MUHAMMADIYAH PURWOKERTO.

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Abstract

As stated in Article 183 of the Criminal Code Procedures, there must at least two types of valid evidence inproving criminal cases as the fundamental process to reach the verdict. Moreover, in Article 184 of the Criminal Code Procedures, it is stated that valid evidence comprises witness statements, expert statements, letters, clues, and defendant statements. The evidence is proposed by the related parties to claim the lawsuit or objection. In thecase of the fallacy of judex facti, the legal proceedings are often continued as stated in the Supreme Court Verdict No : 1185 K/PID.SUS/2011. This research was aimed at investigating and criticizing the implementation of judex facti in the Supreme Court Verdict No : 1185 K/PID.SUS/2011 and the effort to prevent the fallacy of judex facti on the criminal verdict. This normative juridical legal research applied the descriptive analysis method. In thiscase, the Supreme Court Judge had given the correct verdict. Meanwhile, the verdict in the District Court and the High Court stated that there was a fallacy on the judex facti implemented by the Supreme Court. According to the Supreme Court Verdict No : 1185 K/PID.SUS/2011, the fallacy of judex facti on Jakarta Selatan District Court Verdict, supported by DKI Jakarta High Court, was led by the Judges' mistake in implementing the law. It was revealed by the legal facts in the court. Therefore, the Judges in the District Court and High Court had better bethorough and conscientious in implementing the case stated in the Criminal Procedure Code related to the Acts toprevent the fallacy of judex facti on the criminal verdict and to implement fair law. It is expected that the Judges in the District Court or High Court are able to master the Acts related to the cases so that there will be no more judex facti fallacy.

Dosen Pembimbing: Soediro, Soediro | unspecified
Item Type: Thesis (Bachelor)
Uncontrolled Keywords: the Fallacy of Judex Facti, Judge, Supreme Court
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Ilmu Hukum S1
Depositing User: Dan Kh
Date Deposited: 29 Jun 2022 08:03
Last Modified: 05 Sep 2024 03:47
URI: http://repository.ump.ac.id/id/eprint/12306

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