FORMULATIF POLICY REMEDIES INDEPENDENT DECISION OF PUBLIC PROSECUTOR FOR PERSPECTIVE IN THE CRIMINAL JUSTICE SYSTEM OF INDONESIA
ABSTRACT: This dissertation is
a research of acquital (vrijspraak)in some criminal cases that were made by the
judge, and related with the law effort of appellate and cassation. Due process
of law in criminal justice of Indonesia tends to be not giving satisfaction for
the justice seekers. The many amount of criminal cases that get acquital
(vrijspraak) such as the cases of corruption, narcotic, murder, and others got
opinion and contra from broad society. The practitioners and theoreticians of
law and so does the justice seekers often spotlight the judge’s verdict which
is judged as the engineering of justice, full of mafia and fraudulence. The
Procedure of Criminal of Indonesia based on the Criminal Code stills seem to
contain disharmony of law norms such as not to give the authority to general
prosecutor to submit law effort of appellate and cassation upon the acquital
(vrijspraak) as written in the Article 67 and Article 244 of Criminal Code, so
it creates the disharmony or injustice in the existing law norms about the
acquital (vrijspraak) arrangement, it seems that there is an empty norm, even
there is a blur norm in the procedure of criminal with Criminal Code as the
basis. This research has purpose to give solution upon disharmony that happen
in the acquital (vrijspraak) and its law effort for the general prosecutor.
Beside that, it also gives a scientifically input for the theoreticians and
practitioners. In studying of this acquital (vrijspraak), it uses some
approaches, such as the statute approach, the analytical and conceptual
approach, the case approach, the comparative approach, and the philosophical
approach. The source of the researched law materials related with the primary,
secondary, and tertiary law material. The future perspective of acquital
(vrijspraak) arrangement construction related to appellate is: “To criminal
case verdict given in the first stage court, the defendant or the general
prosecutor is able and or has authority to submit the appellate request to the
high court including for free verdict”. And the construction of article for
acquital (vrijspraak) for cassation is: “To the criminal case verdict given in
the last stage by other court except the Supreme Court, the defendant or
general prosecutor is able and or has authority to submit the request for
cassation to the Supreme Court including the acquital (vrijspraak)”.
Author: I Gede Artha
Journal Code: jphukumgg130041
