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Journal : INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES

THE APPLICATION OF PARTICIPATED DOCTRINE IN CORRUPTION (STUDY OF DECISION ON CORRUPTION CRIMINAL ACT COURT AT IA JAYAPURA DISTRICT COURT) Rohrohmana, Basir
INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Vol 2, No 1 (2017): Mei 2017
Publisher : INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES

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Abstract

Decision of Criminal Act of Corruption Court at the IA Jayapura District Court Number 05/Pid.Sus-TPK/2015/PN.Jap, and (2) Decision Number 06/ Pid.Sus-TPK/2015/PN.Jap. Both decisions show the application of participated doctrine, both in the indictment, the prosecution of the prosecutor, and the basis of the judges judgment to result the decisions to the offenders. There are 2 (two) findings to be disclosed in the analysis of these decisions are (1) the participated doctrine which is applied apparently in their application are within separate prosecution areas between the two indictments, thereby treating the participants in the participated doctrine equally with the independent offender, even impressed as a convergence offense, (2) with prosecution in the indictment, the prosecutor and judge in applying the participated doctrine in these two decisions tend to be restrictive in view that the offender is compared to the dader not as part of the producers entity (verzamen term) in which there are qualities of offenders who can be distinguished between pleger, doenpleger, medepleger, uitlokker or medeplichtigheid.
THE APPLICATION OF PARTICIPATED DOCTRINE IN CORRUPTION (STUDY OF DECISION ON CORRUPTION CRIMINAL ACT COURT AT IA JAYAPURA DISTRICT COURT) Rohrohmana, Basir
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 2, No 1 (2017): Mei 2017 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (293.224 KB) | DOI: 10.15294/ijcls.v2i1.10811

Abstract

Decision of Criminal Act of Corruption Court at the IA Jayapura District Court Number 05/Pid.Sus-TPK/2015/PN.Jap, and (2) Decision Number 06/ Pid.Sus-TPK/2015/PN.Jap. Both decisions show the application of participated doctrine, both in the indictment, the prosecution of the prosecutor, and the basis of the judge's judgment to result the decisions to the offenders.There are 2 (two) findings to be disclosed in the analysis of these decisions are (1) the participated doctrine which is applied apparently in their application are within separate prosecution areas between the two indictments, thereby treating the participants in the participated doctrine equally with the independent offender, even impressed as a convergence offense, (2) with prosecution in the indictment, the prosecutor and judge in applying the participated doctrine in these two decisions tend to be restrictive in view that the offender is compared to the dader not as part of the producer's entity (verzamen term) in which there are qualities of offenders who can be distinguished between pleger, doenpleger, medepleger, uitlokker or medeplichtigheid.
THE APPLICATION OF PARTICIPATED DOCTRINE IN CORRUPTION (STUDY OF DECISION ON CORRUPTION CRIMINAL ACT COURT AT IA JAYAPURA DISTRICT COURT) Rohrohmana, Basir
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 2, No 1 (2017): Mei 2017 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v2i1.10811

Abstract

Decision of Criminal Act of Corruption Court at the IA Jayapura District Court Number 05/Pid.Sus-TPK/2015/PN.Jap, and (2) Decision Number 06/ Pid.Sus-TPK/2015/PN.Jap. Both decisions show the application of participated doctrine, both in the indictment, the prosecution of the prosecutor, and the basis of the judge's judgment to result the decisions to the offenders. There are 2 (two) findings to be disclosed in the analysis of these decisions are (1) the participated doctrine which is applied apparently in their application are within separate prosecution areas between the two indictments, thereby treating the participants in the participated doctrine equally with the independent offender, even impressed as a convergence offense, (2) with prosecution in the indictment, the prosecutor and judge in applying the participated doctrine in these two decisions tend to be restrictive in view that the offender is compared to the dader not as part of the producer's entity (verzamen term) in which there are qualities of offenders who can be distinguished between pleger, doenpleger, medepleger, uitlokker or medeplichtigheid.