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KKM
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TINJAUAN YURIDIS TERHADAP PEMBATALAN PUTUSAN LEPAS DARI SEGALA TUNTUTAN HUKUM (ONSLAG VAN RECHTVERVOLGING) PADA TINDAK PIDANA PENCUCIAN UANG (Studi Kasus Putusan Mahkamah Agung Nomor 2113 K/PID.SUS/2023)
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| Subjek | : |
Criminal procedure
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| Pengarang | : |
Fardhu Yudistira Miftah Farozi
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| Pembimbing | : |
Dessi Perdani Yuris Puspitasari,
Nurani Ajeng Tri Utami
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
345.05 FAR t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
The judge's issuance of a release verdict often generates public discourse,
especially in cases involving corruption, embezzlement, and other economic
crimes. For instance, in case number 779/Pid.B/2022/PN.Jkt.Brt, the judge at the
West Jakarta District Court opined that the defendant's actions did not constitute
a criminal offense but rather a civil matter (onslag van recht vervolging), leaving
victims feeling aggrieved by the decision. The prosecutor, acting as the public
prosecutor, filed an appeal to the Supreme Court against the defendant. In this
appeal, the public prosecutor argued that the judex facti in the West Jakarta
District Court in decision number 779/Pid.B/2022/PN.Jkt.Brt had erred in
applying the law. The judex facti had tried the defendant in the case a quo in a
manner inconsistent with the applicable criminal procedure law. Therefore, this
research aims to examine the legal reasoning behind the judge's basis for
overturning the release decision and to understand the legal consequences of the
Supreme Court's ruling. This study uses a normative juridical research method
with a case approach and a legislative approach. The research is prescriptive in
nature, with data collected through library research and presented narratively.
The research findings indicate that the Supreme Court's panel of judges, in judex
juris, identified an error or misapplication of the law by the judex facti, leading
to the annulment of the district court's decision. The legal consequence of this
ruling is the annulment of the district court's decision, requiring the defendant
to comply with the Supreme Court's judgment.
Keywords: Judge’s Consideration, Acquittal from All Charges, Money
Laundering Crime
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