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Kristiyadi, S,H., M.Hum -
Procedural Law Department Faculty of Law Sebelas Maret University

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Upaya Hukum Kasasi Penuntut Umum Atas Dasar Pembatalan Putusan Pengadilan Negeri Oleh Pengadilan Tinggi Dalam Kasus Tindak Pidana Narkotika Afrizal Nur Fauzi; Kristiyadi, S,H., M.Hum -
Verstek Vol 5, No 3 (2017)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (167.85 KB) | DOI: 10.20961/jv.v5i3.33514

Abstract

      This research aims is to find out the public prosecutor's appeal on the basis of the cancellation of Malang District Court Number 146/Pid.Sus/2014/PN.Mlg by the High Court of Surabaya with decision Number 364/Pid.Sus/2014/PT.SBY in criminal cases narcotics. In the case that I researched, the public prosecutor filed an appeal on the basis of Surabaya High Court had misapplied the law. The method used is a normative legal research. The approach used is the approach of legislation and conceptual approaches. Sources of legal materials used are primary and secondary legal materials. In this study, it has been known that the reason cassation prosecutor in narcotic cases on the basis of the cancellation of the decision of the District Court of Surabaya Malang by the High Court in accordance with the provisions of Article 253 the Code of Criminal Procedure Indonesia which according to Indonesia Supreme Court of Justice that High Court of Surabaya has missaplied the law in its decision about the mistakes made by the defendant is not without the right to sell, but as abusers of narcotics.        Keywords: Cassation, Cancellation Decision, Crime Narcotics
Tinjauan Pertimbangan Hakim Mahkamah Agung Atas Perkara Illegal Fishing Lastika Wahyu Andhini; Kristiyadi, S,H., M.Hum -
Verstek Vol 7, No 1 (2019): APRIL
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1141.449 KB) | DOI: 10.20961/jv.v7i1.30058

Abstract

     Legal research aims to fnd out the reason of Cassation fling compliance by the public prosecutor in the case illegal fshing with the provision of article 253 KUHAP as well as fnd out the suitability of the consideration of the Supreme Court granted the petition for cassation and Decides the defendant is proven legally and convincingly guilty of fshing boats without operationalize offcial documents was in accordance with clause 256 jo 193 Article paragraph (1) of the KUHAP.     This research included in this type of normative legal research that is both prescriptive and applied. Use primary and secondary legal materials. The research approach with case studies. Legal materials collection technique is done by collecting documents for the study of law. Legal materials analysis techniques of deductive syllogisms that are done in a stemmed from the fling of the major premise then fled a minor premise, from the second premise obtained then it can be drawn conclusions with regard to the matter. The results obtained from this research about the Supreme Court verdict Number 1727 K/Pid. Sus/2014 were in accordance with the provisions contained in Article 253 KUHAP especially clearly listed on the letter a that determines whether a true rule of law not applied or not applied as it should be. Article 256 jo 193 Article paragraph (1) of the KUHAP contains if the Court held that the defendant was guilty of a criminal offence who didakwakan him, then the Court dropped the criminal. Legal considerations the Tribunal Judges in examining the petition for Cassation Prosecutor granted; the High Court ruling cancelling the feld number: 129/PID/2013/PT. PDG 25 July 2013 has been improving and the verdict of the District Court the feld Number: 254/Pid. B/2013/PN. PDG on 30 may 2013.Keywords: Illegal Fishing, IUU Fishing, The Submission, Consideration Of Cassation Judge, Ship Catching Fish, Fishing