| dc.description.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 | en_US |
