CD-ROM

Analisis Yuridis Putusan Hakim No.36/PID.SUS/2012/PN.TTE Tentang Tindak Pidana Pencurian Ikan yang Dilakukan oleh Warga Negara Philipina di Perairan Halmahera (CD)

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In writing this essay on the background of the author raised about problems with
the title " juridical analysis of the judge's decision 36/pid.sus/2012/PN.Tte number of
criminal offenses committed by illegal fishing Citizen Fhilipina in Halmahera waters " that
law enforcement looks less according to the criminal offenses committed culprit . Criminal
acts committed by illegal fishing fhilipina citizens in Halmahera waters clearly impacted by
the loss of ecological tehadap the Republic of Indonesia . So the researchers formulate
the problem of charges brought by the public prosecutor in the application section in
accordance with the facts about the case No. 36/Pid/.Sus/2012/PN.Tte about criminal
acts committed by illegal fishing fhilipina citizens in Halmahera waters and decision No
judge in imposing criminal 36/Pid/.Sus/2012/PN.Tte has fulfilled the elements and the
terms of article 197 criminal Procedure Code.
The purpose of this study is to investigate , understand , and analyze the charges
brought by the public prosecutor in the application section in accordance with the facts of
the case No. 36/Pid/.Sus/2012/PN.Tte on the crime of illegal fishing is done by citizens
fhilipina in Halmahera waters and No. 36/Pid/.Sus/2012/PN.Tte verdict in the criminal has
dropped elements and meet the requirements of Article 197 criminal Procedure Code .
The method used approach is normative juridical approach . Criminal acts committed by
illegal fishing Citizen Fhilipina in Halmahera waters in the decision No.
36/Pid/.Sus/2012/PN.Tte in Ternate District Court judges and prosecutors lack the
deterrent effect of the criminal and the criminal charges dropped by prosecutors
prosecutor looks different in the second indictment does not match witness testimony in
the trial .No verdict convict 36/Pid/.Sus/2012/PN.Tte in there that do not meet the
elements and the terms of article 197 Criminal Procedure Code. .
The conclusion of this study is the cumulative charges filed by the prosecutor in
the case Number 36/Pid.Sus/2012/PN.Tte accordance with the fact that the crime of
illegal fishing is done by fhilipina citizens , but the public prosecutor erred in implementing
the articles of the second charge so different from witness testimony in the trial therefore
relieve the defendant . In its decision No. 36/Pid.Sus/2012/PN.Tte not meet the
provisions of Article 197 paragraph ( 1 ) letter c and d Criminal Procedure because the
charges are not included in the decision in accordance with Reg Case No. indictment .
PDS-03/TERNA/Ft . 1/03/2012 and evidences in the form of three tail tuna weighing 45
kg is not included in the ruling . And also occurs in the writing or typing mistake , but did
not cause the decision null and void . Suggestion of this paper is the author suggests to
the public prosecutor in making the indictment was made carefully , clearly and
completely in accordance with the provisions of Article 143 paragraph ( 2 ) Criminal
Procedure Code and to judge when to make the decision letter must be in accordance
with the provisions of Article 197 paragraph ( 1 ) , paragraph ( 2 ) and ( 3 ) Criminal
Procedure Code .

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

008 PDN2014 Tom a

Penerbit

Malang, Jatim : Fakultas Hukum Universitas Merdeka Malang., 2014

Deskripsi Fisik

316 KB. ; Pdf File

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

008 PDN2014

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

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Info Detail Spesifik

Bibliografi: hal.72

Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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