OPERASI TANGKAP TANGAN PADA PEMBERANTASAN TINDAK PIDANA KORUPSI BERDASARKAN NILAI KEADILAN (Studi Putusan Nomor 97/Pid/Prad/2017/PN Jkt.Sel)

ROSIKIN, HOIRUR (2021) OPERASI TANGKAP TANGAN PADA PEMBERANTASAN TINDAK PIDANA KORUPSI BERDASARKAN NILAI KEADILAN (Studi Putusan Nomor 97/Pid/Prad/2017/PN Jkt.Sel). Masters thesis, Universitas 17 agustus 1945 Surabaya.

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Abstract

The rise of arrests made by the KPK, known as Operation Catch Hand or OTT, has led to a polemic of whether it is legal or not. This discourse arose at the beginning of the intensity of DPR member Fahri Hamzah, which is known as Operation Catch Hand or OTT, which has led to a polemic whether it is legal or not. The Eradication of Corruption Crime which deserves to be tested for legal certainty, including the Setya Novanto case, the KPK in its defense must have said that the OTT's actions were based on the KPK SOP, however, the regulations of the KPK leaders in the form of SOPs should not conflict with legislation. The purpose of this study is to analyze hand-catching operations (OTT) in the eradication of corruption, whether it reflects the value of justice and to find the concept of eradicating corruption related to the preliminary collection of evidence with Hand Catch Operation (OTT), which is in accordance with the value of justice. The author formulates the problem of whether the eradication of corruption through hand-held operations is in line with the value of justice and how the concept of eradicating corruption is related to the preliminary collection of evidence with OTT in accordance with the value of justice. The approach method used in this research is to use normative legal research methods, meaning that the issues raised, discussed and described in this study are focused on applying the rules or norms in positive law. The approach to the problem in the preparation of this thesis, namely: The statutory approach (Statute Approach) is carried out by examining all laws and regulations that are related to the legal issue that is being handled, the Conceptual Approach, the approach method by referring to the principles law, which can be found in the views of scholars or legal doctrines, the Case Approach is an approach that is carried out by analyzing cases related to issues at hand which have become court decisions that have legal force which is fixed. The results of this research found that the implementation of the Hand-Catching Operation conducted by the KPK had not yet provided justice for suspects who were still at the stage of investigation. In essence, OTT is a forced attempt against the rights of citizens, but because it is for the sake of proof that has been regulated in the Law, this action can be justified. If in the process of forced attempts there is a violation of rights committed by the Corruption Eradication Commission, then the suspect can sue for the rights that have been violated through the pretrial process mechanism. Keyword: Corruption Crime; Hand-Catching; Justice Value;

Item Type: Thesis (Masters)
Subjects: H Social Sciences > HG Finance
H Social Sciences > HJ Public Finance
Divisions: Fakultas Hukum > Magister Ilmu Hukum
Depositing User: 1321900002 Hoirur Rosikin
Date Deposited: 06 Feb 2021 12:46
Last Modified: 15 Feb 2021 07:40
URI: http://repository.untag-sby.ac.id/id/eprint/7810

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