Tinjauan Yuridis Upaya Hukum Kasasi oleh Jaksa Penuntut Umum terhadap Putusan Bebas dalam Sistem Peradilan Pidana

Abstract

Normative discussion regarding Remedies By Cassation Prosecution Verdict Against Free (Vrijspraak) In the Criminal Justice System Indonesia intended to seek legal solutions juridical phenomena caused by the acquittal. The problem in this thesis is how the concept of cassation in positive law in Indonesia, What is the legal basis for the Prosecution filed a cassation against the acquittal in the criminal justice system of Indonesia, and what the advantages and disadvantages of an appeal against the acquittal in the system criminal justice in Indonesia. The methods in this thesis writing is a juridical-normative descriptive. The approach used in this paper is conceptual. While the data examined in this thesis writing is secondary data. To obtain a scientific truth in the writing of the thesis, the author uses the method of data collection by means of literature study. Analysis of the data used in this thesis is a qualitative analysis .. Based on the results of the study can be seen that on which the Public Prosecutor filed a cassation against acquittal is the jurisprudence of the Supreme Court against the acquittal based on the Decree of the Minister of Justice No.: M. 14- PW.07.03 1983 December 10, 1983 Supplement to Criminal Procedure Guidelines (point 19). Supreme Court ruling Regno: 275 K/Pid/1983 in Case Sonson Natalegawa Raden is the first verdict, born jurisprudence against acquittal after the enactment of the Criminal Procedure Code. Therefore, there are still gaps in the legal norms related to criminal justice practice cassation by the Public Prosecutor against the acquittal in the Code of Criminal Procedure Code (Criminal Code) that will need to be reformulated clearly come about granting rights to the Public Prosecutor to file cassation against acquittal.