Pembatalan Surat Dakwaan (Studi Di Pengadilan Negeri Sukoharjo)

Tihar Fauzita Akni, Krisna and , Hartanto, S.H.,M.Hum (2021) Pembatalan Surat Dakwaan (Studi Di Pengadilan Negeri Sukoharjo). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The aim of this research is; a) to know the cancellation of the indictment by the panel of judges without any objection or exception from the defendant / legal advisor at the Sukoharjo District Court; b) to find out the legal consequences of the cancellation of the indictment through a judge's decision at the Sukoharjo District Court. In this study the authors used an empirical juridical approach, the problem approach used in this paper was the cancellation of the indictment (study at the Sukoharjo District Court). This type of research the writer uses in this study is descriptive research. An indictment letter may become null and void if it does not meet the material and formal requirements related to not containing an accurate, clear and complete description of the criminal act charged by stating the time and place where the crime was committed. The situation is null and void by the law will be more effective and it is not necessary to cancel the so-called court decision. Decisions handed down by the court on the grounds that the indictment letter is null and void as confirmed in Article 143 paragraph (3) of the Criminal Code, is a decision that is beyond the scope of Article 76 of the Criminal Code. The legal consequence for the indictment which is determined / decided by the judge as an indictment which is null and void or is declared unacceptable. The Public Prosecutor can still delegate the case back to the district court. The decision or decision of the Judge is only based on the reason that the indictment letter is invalid or does not meet the requirements as stipulated in Article 143 paragraph (2) of the Criminal Procedure Code, so it is not a judge / final decision regarding the subject matter / criminal offense charged as stipulated in Article 191 jo 193,194. in conjunction with the Criminal Procedure Code in the sense that the ruling or decision relating to the indictment is not based on the main examination of the case which is accused against the defendant.

Item Type:	Karya ilmiah (Skripsi)
Uncontrolled Keywords:	Indictment, Cancellation of Indictment, Due to Cancellation of Indictment
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	KRISNA TIHAR FAUZITA AKNI
Date Deposited:	02 Mar 2021 06:16
Last Modified:	02 Mar 2021 06:16
URI:	http://eprints.ums.ac.id/id/eprint/89871

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