ANALISA HUKUM TERHADAP KONSEKUENSI UPAYA HUKUM KASASI MENGENAI PUTUSAN BEBAS MURNI DALAM TINDAK PIDANA (Suatu Studi Di Pengadilan Negeri Kelas 1A Kendari)

La Ode Hasrul Sani; St. Fatmawati .L; Djohar Arifin

La Ode Hasrul Sani Universitas Sulawesi Tenggara
St. Fatmawati .L Universitas Sulawesi Tenggara
Djohar Arifin Universitas Sulawesi Tenggara

Keywords: Consequences, Casation Law, Pure Acquitable Decision, Criminal Action, Kendari Class 1a District Court.

Abstract

This study aims: 1) To find out and understand that an acquittal decision can be requested for legal action. 2) To find out and understand the consequences of a cassation legal action regarding an acquittal decision at the Kendari Class 1A District Court. This study is located at the Kendari Class 1A District Court, in this study, the author uses a qualitative data analysis system and then presents it descriptively. Qualitative data analysis is the analysis of data obtained through direct interviews with judges at the Kendari Class 1A District Court to obtain a more real picture which will then be presented descriptively regarding the implementation of cassation legal action on an acquittal decision in a criminal act. The results of this study indicate that: 1) That in the Indonesian legal system, court decisions are regulated in the Criminal Procedure Code which includes three types of decisions, namely a decision of acquittal from all legal charges, a decision of release from the demands of punishment, and a decision containing a criminal penalty. The judge is obliged to inform the defendant of his rights after the criminal decision, such as the right to accept or reject the decision, study the decision, and file a request for a suspension or appeal. Legal remedies are divided into two types, namely ordinary legal remedies (appeal and cassation) and extraordinary legal remedies (cassation in the interests of law and judicial review). Cassation can be filed by the defendant or public prosecutor against a decision that is already final, with the aim of correcting the application of the wrong law. While judicial review can only be filed on the basis of new evidence or a judge's error. 2) The consequences faced in the cassation legal remedy regarding an acquittal decision are that the defendant must be released from detention by law at that time, even though the cassation legal remedy is still being carried out by the public prosecutor.