PENAFSIRAN HAKIM TENTANG KEBERADAAN STRUKTURAL LEMBAGA KEPOLISIAN SEBAGAI PENYELENGGARA NEGARA DAN PENEGAK HUKUM (KAJIAN TERHADAP PUTUSAN PENGADILAN NEGERI JAKARTA SELATAN NOMOR 04/PID.PRAP/2015)
ABSTRACT: The Corruption
Eradication Commission (KPK) announced Budi Gunawan as a suspect of corruption
when he was Deputy Head of Career Development of Human Resources. South Jakarta
District Court panel of judges Sarpin Rizaldi favor Budi Gunawan and express
stipulation as suspect unauthorized and not legally binding. In its decision,
the judge stated that the determination Sarpin Rizaldi Budi Gunawan suspects by
the KPK is not legally valid. Judges considered that the Commission had no authority
to investigate cases that ensnare Budi Gunawan, because when the suspect is not
included as an organizer of the state and law enforcer.With a variety of the
above problems, the authors are keen to lift the titlethesis on "The
interpretation of the judge about presence of police forcesAs organizers
Structure Institute of State and Law Enforcement (Study Against the South
Jakarta District Court Decision No. 04 / Pid.prap /2015)". Based on the
brief description of the background mentioned above,there are some things that
are at issue in this research are: First, whether the interpretation Sarpin
Rizaldi judge in examining and deciding the case No. 04 / Pid.prap / 2015 on
the State management and law enforcement is right? Then secondly, what
implications that arise after the verdict Sarpin Rizaldi in examining and deciding
the case No. 04 / Pid.prap / 2015 onState administrators and law enforcement? The
author define three theories become a rationale for this study,namely, the
theory of legal interpretation, the theory of state officials andlaw
enforcement, and the theory of legal certainty.
Penulis: R. Yosia Simamora
Kode Jurnal: jphukumdd160440
