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Shvoong Home>Law & Politics>Law - General>Performance government officer Optimalisasi punish in straightening of Summary

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Performance government officer Optimalisasi punish in straightening of

Academic Paper Abstract by: wongjeporo    

Original Author: Prof. Barda Nawawi Arief

      
    Approach of science ( law ) can be interpreted as a(n) method come near or comprehend

    something based on logic think, rationale ( knowledge ). Because approach angle;corner / orientation think of law can all kinds of, hence there mention approach of yuridis/normatis/dogmatis(legalistik), approach of empirik / sosiologis, historical approach, approach of comparability, approachs of filosofik, approach of policy ( approach oriented policy), approach of value, approach which orienting national knowledge, global approach, approach of systematic parsial,pendekatan / ad for etc.
    Emphasis pregnant optimalisasi double phenomenon or meaning. One pregnant side meaning that in straightening of law during the time have been gone through approach of science, but still require to be improved; and on the other side containing tendency of phenomenon that in straightening of law during the time, orientation or culture approach of science have more optimal because approach of other orientation or approach of parsial.
    That thing look from various phenomenon in society namely :



  • existence of realita which was often freted society, that " envelope culture", " cultural items" or " dirty game culture / culpable" ( term jurisdiction mafia) in practice the straightening of law.


  • The frequently of deliver " expert eyewitness" of jurist circle ( despite of attorney and judge refusing attendance of expert eyewitness pursuant to reason / ground, judge assumed law tau). This phenomenon make an impression on downhillly him of


  • In any case, this phenomenon designate the existence of culture / pragmatic approach / road; street overtake , in comprehending law, that is only will quickly earn " gist; just extract ( of expert eyewitness / expert law), without will hard dig / deepening xself. In practice often seen the existence of symptom / tendency think law which is parsial and only seeing UU / rule of crime by " kaca mata horse". Dissociating norm of UU with ground, target of idea and crime / existing elementary value and confessed in science / unwritten law theory, certainty of law / contempt of court formal with certainty of law / contempt of court materiel"; law ( UU) and law science; science punish with deism ( moral,agama) a lot is tau " demand of UU" but very not tau will mean justice pursuant to ( Believing in god ) of YME. Dissociating three Criminal Law main problem ( doing an injustice, mistake, crime) with entirety of crime system, dissociating the straightening of law ( Crime UU) with fringe ( sistem) of criminal law system with system punish national.


Published: January 08, 2009
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