| dc.contributor.author | Sarah Nabila | |
| dc.date.accessioned | 2024-07-21 | |
| dc.date.available | 2024-07-21 | |
| dc.date.issued | 2023 | |
| dc.identifier.uri |
https://jurnal.harapan.ac.id/index.php/JPH/article/view/699
| |
| dc.description.abstract |
A judge giving an acquittal will surely raise questions in society. What is the reason for the judge's consideration so that he gives an acquittal against a defendant. The formulation of the problem in this thesis is how to regulate criminal law for perpetrators of the crime of falsifying birth certificates in buying and selling land in the Supreme Court of the Republic of Indonesia No. 387 K/Pid/2021, what is the form of criminal legal responsibility for the actions of perpetrators of forgery of birth certificates in the sale and purchase of land based on the Decision of the Supreme Court of the Republic of Indonesia No. 387 K/Pid/2021, what is the reason for the judge's consideration of the acquittal that was handed down to the defendant on the Raba Bima District Court Decision Number 380/Pid.B/2020/PN Rbi and the Indonesian Supreme Court Decision No. 387 K/Pid/2021.
The writing of this thesis uses a normative research method that is used to analyze the laws and regulations relating to the imposition of an acquittal (vrijspraak) against the defendant in the crime of falsifying birth certificates which are used as the basis for buying and selling land by analyzing the case of the decision of the Supreme Court of the Republic of Indonesia. No. 387 K/Pid/2021. This type of research data is secondary data compiled systematically and analyzed qualitatively.
The conclusion of the discussion is the regulation of criminal law for perpetrators of the crime of falsifying birth certificates in the sale and purchase of land in the Supreme Court of the Republic of Indonesia Decision No. 387 K/Pid/2021 is regulated in Article 266 paragraph (1) of the Criminal Code and based on legal facts the element of entering false information into an authentic deed is not fulfilled because the defendant has never used a birth certificate quote to sell H. Abdullah's property so that the element of Article 266 paragraph (1) This Criminal Code is not legally fulfilled. The form of criminal legal liability for the actions of the perpetrators of falsifying birth certificates in the sale and purchase of land based on the Decision of the Supreme Court of the Republic of Indonesia No. 387 K/Pid/2021 is that the defendant is not proven so that the defendant cannot be held accountable because the elements of Article 263 paragraphs (1) and (2) and Article 266 paragraph (1) of the Criminal Code are not fulfilled. The reason for the judge's consideration of the acquittal that was handed down to the defendant on the Raba Bima District Court Decision Number 380/Pid.B/2020/PN Rbi and the Indonesian Supreme Court Decision No. 387 K/Pid/2021 is an element of the defendant's actions as in the indictment according to the judges' consideration, it turns out that the element of unlawfully committing a criminal act of falsifying a birth certificate is not proven and as a result, the rights of the defendant in his ability, position, dignity and worth must be restored as citizens innocent society
| en_US |
| dc.language.iso | en | en_US |
| dc.publisher | Universitas Harapan Medan | en_US |
| dc.subject | Tinjauan Yuridis Pidana Pemalsuan Akta Kelahiran | en_US |
| dc.title | Tinjauan Yuridis Putusan Bebas Dalam Tindak Pidana Pemalsuan Akta Kelahiran Yang Digunakan Sebagai Dasar Melakukan Jual Beli Tanah (Studi Putusan Mahkamah Agung RI No. 387 K/Pid/2021) | en_US |
| dc.type | Skripsi | en_US |
