TINJAUAN YURIDIS TERHADAP PUTUSAN BEBAS DALAM PERKARA NOMOR 113/PID/2011/PTR TENTANG PEMBUNUHAN BERENCANA
ABSTRACT: The judiciary is a
search for truth and justice, each case in all legal proceedings filed by thelaw
enforcement community must be able to perform legal certainty for every
decision thejudges who examined the case. Administration of justice, especially
at the level of the court can not also ignore the role of law enforcement. To
realize an independent judiciary and impartiality need for harmonious
integration work between all the law enforcement investigators Prosecutors and
Judges. Judge high integrity is indispensable for the realizationof a court
ruling in accordance with the sense of justice. Acquittal handed down by Judge
High Court of Riau with the case number 113 / pid / 2011 / ptr who originally
prosecuted in state court defendant Sujarwo Pengaraian sand that has been in
the prison sentence by a judge for17 years with violating Article 340 of Jo
Article 55 paragraph (1 ) -1 to the Criminal Code thatis murder. From the above
results of the exposure, the authors are interested in discussing about the
Juridical Review Verdict Against Free In Case No. 113 / Pid / 2011 / Ptr AboutMurder
Plan. The purpose of this study was to determine the law and legal reasoning of
thejudge in a criminal case number 113 / pid / 2011 / ptr. This study is a
descriptive normativeresearch, which consists of primary data, secondary and
tertiary. Data collection tools in theform of literature studies or studies
document. The data have been collected and grouped beanalyzed qualitatively and
deductively inferred. Legal consideration by the judges in the case number 113
/ PID / 2011 / PTR that no one really convincing evidence that the defendant
violated Article 340 of the Criminal CodeSujarwo conjunction with Article 55
paragraph (1) All 2 of the Criminal Code as it has been inprevious criminal
sentenced by assembly District Court Judge Sand Pengaraian. The judge must not
convict to a no two legal evidence. It is better to release a thousand guilty
persons than to punish one innocent person.
Penulis: Rahmat Tua Daulay
Kode Jurnal: jphukumdd151479
