DASAR HUKUM DIAJUKANNYA UPAYA HUKUM KASASI OLEH PENUNTUT UMUM TERHADAP PUTUSAN BEBAS ( VRIJSPRAAK ) PADA PENERAPAN KUHAP TERKAIT AZAS KEPASTIAN HUKUM

Abstract

In a court proceeding, there are several steps, but the most critical stage to the litigants is the stage where the Judge reads the verdict. Article 191 and Article 193 of Criminal Procedure Code determines the verdict forms in which there are three types; that is, acquittal, free-from-all-charge verdict, and sentencing. In relation to one of judge verdicts of acquitta. Article 244 of the Criminal Procedure Code states that to the verdict of criminal issues decided on the last stage by other courts other than the Supreme Court, the defendant or the public prosecutor may request for an examination of cassation to the Supreme Court unless for the acquittal. However, in practice, to the acquittal, prosecution can appeal the remedies by providing an opinion that the acquittal decided by Judge is not pure, so to the impure acquittal, a cassation can be requested. Regardless of the function that provides protection on human dignity, the application/ implementation of Criminal Procedure Code should not only regulate the protection of human rights for a suspect or defendant but also need to adjust the rights of the state to protect the victim or the public prosecutor as parties representing the state to protect the rights of victims and law enforcement. If criminal procedure code pays attention only to the human rights of the suspect or the accused, then the passage of the law enforcement or criminal justice system will run less effectively because any right administered by law enforcers would be contrary to the rights owned by a suspect or defendant. Included in this is the filing of cassation conducted by the public prosecutor against the acquittal. The filing of cassation is administered by the public prosecutor as a form of protection for either the victims or the country, who have been harmed by the actions of the criminal offender and to achieve legal certainty. From the above explanation, the problems discussed in this thesis is the legal basis for the filing of legal action by the public prosecutor to appeal acquittal (vrijspraak) as well as prescription and perspectives of cassation by the public prosecutor against the acquittal (vrijspraak) related to the principle of legal certainty. This research applied normative legal research and statute approach as well as conceptual approach, so it is concluded that the legal bases of by the filing of cassation by public prosecutor against acquittal (vrijspraak) are in forms of jurisprudence, doctrine, and supported by internal rules of Attorney General ruling the cassation by the public prosecutor; in addition, there is additional reason from the public prosecutor arguing that the acquittal handed down by the court is not purely free, in which the verdict arose because: a wrong interpretation was made by the judge for a term in the indictment, the judge made a mistake in applying the law, or the judge has acted out of his authority. Speaking of prescriptions, the practice of filing cassation against the acquittal by the public prosecutor due to the acquittal from the court based on misinterpretation by the judge on a term in the indictment, the judge was wrong in applying the law, or the judge has acted goes beyond authority. So the acquittal on the basis of those things above could result in legal uncertainty. Therefore, in order to create legal certainty, the public prosecutor tries to straighten or correct the mistakes that have been made by the courts in putting down an acquittal by filling cassation to the Supreme Court, and the Supreme Court must examine if there are parties who filed an appeal against the decision of subordinate court that freed the accused, to see further the appropriateness and fairness of the verdict made by the subordinate court. Meanwhile, when talking about perspective, basically to the polemic on the cassation submission by the public prosecutor against the acquittal, article 244 of Criminal Procedure Code must be revised to include explicitly the criteria of acquittal that can be requested for Cassation. This is for the sake of legal certainty. The suggestion of the results of this thesis is that it is necessary to revise the last draft of Criminal Code; that is, year 2010, because the draft has not accommodated the wishes of law enforcers, particularly Public prosecutors and Judges as well as the community members seeking justice (justiciabellen), in other words, in the last draft of Criminal Procedure Code of 2010, the criteria for acquittal that can be requested for cassation have not been set up clearly and exactly. This is very important to overcome the polemic in the practice where the qualification of the acquittal is available, in which, according to doctrine, it is set out that the acquittal made by the public prosecutors and judges who state in their decisions that the acquittal which is not based on the fulfillment of evidence of the criteria in the indictment, the acquittal is not a pure exemption. Thus, the