SUNARYO, NIM. 91217011 (2019) PENERAPAN PASAL 378 KUHP TERHADAP PERAN ADVOKAT DALAM MEMBERIKAN JASA HUKUM KEPADA TERDAKWA (STUDI KASUS DENGAN REGISTER PERKARA NOMOR:737/PID.B/2016/PN.Plg). Masters thesis, Universitas Muhammadiyah Palembang.
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Abstract
In criminal law which is the object of a criminal offense, a person or group of people who because of their actions or circumstances, should be suspected of committing a criminal offense based on sufficient initial evidence, which in the investigation phase is referred to as Article 1 paragraph (14) in The Criminal Procedure Code, and when in the prosecution and examination process are referred to as defendants as stipulated in Article 1 paragraph (15) in the Criminal Procedure Code, but even so the status of the suspect or defendant remains attached to the presumption principle not guilty (the principle of the presumption of inocent) until there is a court ruling stating his guilt and obtaining permanent legal power ". The problem in writing this thesis is the basic criminal law case of fraud on TR and KS land cases against ANS delegated in the Special Class 1A Palembang District Court and the Advocate's Role in handling fraud cases in land cases (study case withCase Registers Number: 737 / PID.B / 2016 / PN.Plg in the Special Class 1A Palembang District Court and research in writing this thesis using the Normative legal research method. The basic law of delegating this case to the Special Class 1A Palembang District Court is based on article 138 paragraph (1) and paragraph (2) of the Criminal procedure code (KUHP) Jo. Article 139 of the Criminal Procedurecode (KUHP) and Jo. Article 140 of the Criminal Procedurecode (KUHP). The role of an advocate/legal counsel in providing legal service to suspects or defendants is very important in the criminal justice system so that the rights of suspects or defendants can be fulfiled, both from the investigation process and the investigation and trial process so that the rights of the rights of the suspect or defendant are in accordance with provisionsof the applicable legislation or based on theCriminal Procedure Code (KUHAP) because the ultimate goal of criminal justice is the achievement of justice for the community and in defending the suspect or accused. Need the same understanding or coordination between Investigators and Public Prosecutors in looking at a criminal case so that there is no order or pursuit of targets in the settlement of a criminal case so that it does not hastily determine a suspect or accused, investigators and prosecutors need to improve professionalism provisions that apply but are not rigid in applying and / or translating the intent and purpose of any applicable rules and regulations. Keywords: Principle of presumption of innocence (principle of presumption of inocent), Advocate / Legal Advisor, Law Enforcement
Item Type: | Thesis (Masters) |
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Additional Information: | Pembimbing, 1. Dr. Hj. Sri Suatmiati, S.H., M.Hum. 2. Dr. Arief Wisnu Wardhana, S.H., M.Hum. |
Uncontrolled Keywords: | Principle of presumption of innocence (principle of presumption of inocent), Advocate / Legal Advisor, Law Enforcement |
Subjects: | Ilmu Hukum > Hukum Pidana |
Divisions: | PPS Hukum (S2) |
Depositing User: | Mahasiswa Program Pascasarjana |
Date Deposited: | 14 Mar 2019 02:07 |
Last Modified: | 14 Mar 2019 02:07 |
URI: | http://repository.um-palembang.ac.id/id/eprint/3326 |
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