PERBANDINGAN PEDOMAN PEMIDANAAN DI INDONESIA DAN JERMAN

AMALIA, ANGGUN INTAN NUR (2025) PERBANDINGAN PEDOMAN PEMIDANAAN DI INDONESIA DAN JERMAN. Skripsi thesis, Universitas Pancasakti Tegal.

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DAFTAR PUSTAKA PERBANDINGAN PEDOMAN PEMIDANAAN DI INDONESIA DAN JERMAN - Anggun Intan.pdf
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Abstract

Comparative law is a legal discipline aimed at identifying similarities and differences as well as discovering close relationships between various legal systems. This study examines and compares the sentencing guidelines systems in Indonesia and Germany, including the similarities and differences in punishment rules for offenders and the role of judicial institutions in supporting justice for crime victims in both countries. The analysis focuses on the application of guidelines by courts, their impact on judicial decisions, and efforts to achieve justice in accordance with legal provisions. Indonesia previously lacked clear sentencing guidelines, although the old Criminal Code (KUHP) provided general principles, often resulting in sentencing disparities. However, the new Criminal Code now offers clearer sentencing guidelines. In Germany, Article 46 of the German Criminal Code strictly regulates the principle of legality, ensuring stability and consistency in judicial decisions. Both countries share principles of proportionality and consideration of mitigating or aggravating circumstances. In Indonesia, however, legal interpretation is often influenced by cultural and governmental policies, leading to legal uncertainty. Support for crime victims in Indonesia remains limited, whereas in Germany, victims can actively participate in criminal proceedings, make statements, and seek compensation, reflecting a restorative justice approach focused on addressing victims' harm. Keywords: Comparison of Law, Legal Systems, Sentencing Guidelines

Item Type: Karya Ilmiah (Skripsi)
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Ilmu Hukum
Depositing User: editor repository ups tegal
Date Deposited: 14 Apr 2025 02:49
Last Modified: 14 Apr 2025 02:49
URI: http://repository.upstegal.ac.id/id/eprint/10427

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