PENERAPAN GANTI KERUGIAN TERHADAP TERDAKWA YANG DIPUTUS BEBAS BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DI PENGADILAN NEGERI PEKANBARU
Abstrack: The compensation is
the right of suspects, accused and convicted as an embodiment of human rights,
the dignity and the dignity of one of them is accusedacquitted. Pekanbaru
District Court there are many defendants were acquittedhowever, there was never
any claim for damages. The purpose of this researchare: first, to know the
settings in the application for damages against the defendant were acquitted by
the Code of Criminal Procedure, second, to determine the obstacles encountered
in the implementation of compensation against the defendants acquitted by the
Book of the Law Criminal Procedure inPekanbaru District Court, Third, to know
the efforts made to provide legalprotection for a defendant in the application
for damages against the defendantwere acquitted by the Code of Criminal
Procedure in Pekanbaru District Court. From the research there are three main
issues that can be inferred. first,the setting of the application for damages
against the defendants acquitted been regulated in Article 95 of the Criminal
Procedure Code, the Indonesian Government Regulation Number 27 of 1983 on the
Implementation of the Code ofCriminal Procedure and the Decree of the Minister
of Finance of the Republic ofIndonesia Number: 983 / KMK.01 / 1983 December 31,
1983 on Procedures for the Payment of Compensation. Secondly, the obstacle in
the application of damages against defendants acquitted by the Code of Criminal
Procedure in theDistrict Court Pekanbaru such rules can no longer be maintained,
a complicatedprocess, the amount of compensation is too little, the accused
felt free after free,compensation is not included in the judgment. Third,
efforts are being made to provide protection against the defendants in the
application for damages against the defendant were acquitted by the Code of
Criminal Procedure in the DistrictCourt of Pekanbaru, it can be done effort,
such as revising legislation, make its own rules more binding, socialize
regulation to the public, include the right todamages in the verdict, revising
the compensation body, held monitoring toobserve the performance of the police
and the prosecutor's. Advice Author, first, made its own more restrictive
rules. Second, the existence of monitoring theperformance of law enforcement
officers. Thirdly, the right to damages included in the judgment.
Penulis: Flora Veronika
Kode Jurnal: jphukumdd160423
