Dunggio, Haklainul (2019) Peradilan In Absensia Bagi Pelanggar Didalam Perkara Lalu Lintas Yang Berkeadilan. Magister thesis, Universitas Brawijaya.
Abstract
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English Abstract
This study discusses about the injustice of in absentia court on traffic violations in the provision of Article 7 paragraph (1) of the Supreme Court Regulation No.12 of 2016 which formulates "Appointed judges open a hearing and decide case(s) without the presence of violator(s)". This study uses a normative legal method with a statutory approach, concept approach and case approach. The results of this study reveals that the Supreme Court Regulation contradicts with the court system and higher legislation, namely Article 214 paragraph (1) of Law No.8 of 1981 concerning the Criminal Procedure Code which still opens opportunities for violators to defend their rights before the trial if they are not guilty and contrary with Article 6 paragraph (1) letter (b) of Emergency Law No.1 of 1951 namely in absensia courts are permitted provided the defendant has been summoned legally while as per the rules in Supreme Court Regulation, the offender was not previously summoned to attend the trial. Supreme Court Regulation, in the case of proof, uses the theory of negative proof which is to impose a crime by using 1 (one) piece of evidence coupled with the conviction of the Judge considering the traffic violation trial entered into the trial with a quick method. Violation from the violator must also be proven, not just to prove the offender's actions because even though the nature is a violation not a crime, but the goal achieved is to keep finding material truth. The concept of thesis that was offered by Article 7 paragraph (1) of Supreme Court Regulation concerning Ticketing is "Appointed judges open a hearing and decide case(s) without the presence of violator, except the violator declare his/her objection", so the purpose of law is not only legal certainty but also justice and expediency.
Other obstract
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| Item Type: | Thesis (Magister) |
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| Identification Number: | TES/345.024 7/DUN/p/2019/041905145 |
| Uncontrolled Keywords: | TRAFFIC VIOLATIONS |
| Subjects: | 300 Social sciences > 345 Criminal law > 345.02 Criminal offenses > 345.024 7 Specific crimes and classes of crime (Traffic offenses and misuse of communication facilities) |
| Divisions: | S2/S3 > Magister Ilmu Hukum, Fakultas Hukum |
| Depositing User: | Budi Wahyono Wahyono |
| Date Deposited: | 03 Jan 2020 01:19 |
| Last Modified: | 30 Mar 2022 04:07 |
| URI: | http://repository.ub.ac.id/id/eprint/177531 |
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