Skripsi

STUDI KASUS PUTUSAN PENGADILAN NEGERI BALE BANDUNG REG. PERKARA NO.478/PID.SUS/2016/PN.BLB TENTANG DENGAN SENGAJA DAN TANPA HAK MENGIRIMKAN INFORMASI DAN DOKUMEN ELEKTRONIK YANG BERISI ANCAMAN KEKERASAN ATAU MENAKUTNAKUTI YANG DITUJUKAN SECARA PRIBADI DALAM TINDAK PIDANA KESUSILAAN (VIDE PASAL 29 JO. PASAL 45 AYAT (3) UNDANG-UNDANG NOMOR 11 TAHUN 2008

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In this case study, the authors raised the issue of the crime of
delivery of information and electronic documents that contain threats of
violence and / or scare personally between the defendant Eddy Soemarto
with Victim Anna Katarina. The defendant was legally send a short
message containing the information and electronic documents that contain
threats of violence and / or scare by a judge and sentenced to
imprisonment for two (2) years and a fine of Rp.1.000.000.000 (one billion
rupiah). This study was made with the purpose of reviewing juridically of
Bale Bandung District Court Judge verdict Number
478/Pid.Sus/2016/PN.Blb.
This study uses descriptive analytical research with normative
juridical approach is an approach that emphasizes on legal norms to study
literature by researching library materials and secondary data. The data
were then analyzed by qualitative juridical methods.
Based on the analysis, two conclusions can be drawn. Firstly,
Decision Bale Bandung District Court Judge Number
478/Pid.Sus/2016/PN.Blb is not appropriate based on the Article 64
paragraph (1) Criminal Code then, consideration of the judge in the court
judgment must include Article 64 paragraph (1) Criminal Code are fulfilled
by the defendant in the action continues, Second, the imposition of
imprisonment for two (2) years and a fine of Rp.1.000.000.000 (one billion
rupiah) to be replaced with one (1) month imprisonment is not appropriate
based on the principle of proportionality in sentencing purposes that could
lead to new crimes similar , raises new perpetrators and the absence of
the process of educating the convict to get better before being returned to
the public and requires the value scale to weigh and assess the severity of
crime associated with criminal acts.

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Detail Information

Series Title

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Call Number

050/2017

Publisher

Bandung : Fakultas Hukum UNPAD., 2017

Collation

xiii, 76 hal, 30 cm.

Language

Indonesia

ISBN/ISSN

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Classification

050/2017

Content Type

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Media Type

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Carrier Type

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Edition

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Subject(s)

Partai Politik

Specific Detail Info

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Statement of Responsibility

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