ERSYA, DWI NURIFANTI (2024) ANALISIS YURIDIS RATIO DECIDENDI PENJATUHAN PIDANA TERHADAP JUSTICE COLLABORATOR DALAM TINDAK PIDANA PEMBUNUHAN BERENCANA SECARA BERSAMA-SAMA (STUDI PUTUSAN: NOMOR 798/Pid.B/2022/PN JKT. SEL.). Undergraduate thesis, Universitas Pembangunan Nasional "Veteran" Jawa Timur.
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Abstract
Premeditated murder is a criminal offense carrying the most severe penalties compared to other crimes. However, on February 15, 2023, the South Jakarta District Court sentenced a co-perpetrator of premeditated murder to only 1 year and 6 months imprisonment. This perpetrator was Bharada Richard Eliezer, a justice collaborator. Despite receiving a lenient sentence, some of Bharada Richard Eliezerliezer's rights as a justice collaborator were not fulfilled by law enforcement, even though these rights are stipulated in Articles 10A and 28 of Law Number 31 of 2014 concerning the Protection of Witnesses and Victims. This research employs a normative juridical method. The results of this study reveal an inconsistency in the implementation of law enforcement by the panel of judges in Bharada Eliezer's trial. Specifically, the court failed to provide protection to the justice collaborator as stipulated in Article 10A paragraph (2) letter c, which states that a witness-perpetrator does not need to face the other perpetrators whose crimes were revealed in the same case. This needs to be avoided considering the potential threats and interventions against the justice collaborator in assisting law enforcement in providing information so that a crime can be fully revealed. This aligns with Kansil's theory of legal protection, which essentially states that Bharada Richard Eliezer has the right to be protected from all future interventions because he honestly confessed to actions that were not his desire. Moreover, law enforcement officials should have offered protection to their fellow officers from external pressures that could lead to actions that harm others.
| Item Type: | Thesis (Undergraduate) | ||||||||
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| Subjects: | K Law > K Law (General) | ||||||||
| Divisions: | Faculty of Law | ||||||||
| Depositing User: | Ersya Dwi Nurifanti | ||||||||
| Date Deposited: | 18 Dec 2024 04:18 | ||||||||
| Last Modified: | 18 Dec 2024 04:18 | ||||||||
| URI: | https://repository.upnjatim.ac.id/id/eprint/33614 |
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- ANALISIS YURIDIS RATIO DECIDENDI PENJATUHAN PIDANA TERHADAP JUSTICE COLLABORATOR DALAM TINDAK PIDANA PEMBUNUHAN BERENCANA SECARA BERSAMA-SAMA (STUDI PUTUSAN: NOMOR 798/Pid.B/2022/PN JKT. SEL.). (deposited 18 Dec 2024 04:18) [Currently Displayed]
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