Analisis Asas Reformatio In Melius Dalam Perkara Pidana Di Mahkamah Agung (Studi Kasus Perkara Nomor 1886/K/Pid.Sus/2020)

Nasrul, Nasrul (2021) Analisis Asas Reformatio In Melius Dalam Perkara Pidana Di Mahkamah Agung (Studi Kasus Perkara Nomor 1886/K/Pid.Sus/2020). Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT The Reformation in Melius principle is a principle that regulates the reform of the defendant's condition so that it is not aggravated when submitting legal remedies, especially Cassation. The Supreme Court as the highest court authorized to examine the law (judex jurist) often extends its examination to facts. Such an examination has implications for the decision handed down to be heavier than the decision of the previous level court in the Cassation case Number: 1886/K/Pid.Sus/2020. In the case of Faris Satya Adhirajasa, the Supreme Court has examined it according to the existing theory. But again, the Supreme Court has examined the facts and imposed additional penalties under the authority of the District Court and High Court as judex factie, so that the punishment for Faris Satya Adhirajasa becomes more severe than the punishment in the District Court and High Court or referred to as Judex Factie. The formulation of the problem in this research is as follows: 1. Why the Reformation In Melius Principle should be used by the Supreme Court in the case of cassation Number: 1886/K/Pid.Sus/2020 and 2. What are the considerations of the judge in the case of cassation Number: 1886/K/Pid .Sus/2020. This study aims to determine the authority of the Supreme Court in imposing a sentence on the Cassation decision and the sexual harassment case committed by Faris Satya Adhirajasa. Through the normative juridical method, the authority of the Supreme Court is discussed in Article 253 paragraph (1) of the Criminal Procedure Code. The article basically contains the values of the Reformatio in Melius principle, but the Supreme Court in practice examines cases by touching on the facts and ignoring the value of the Reformatio in Melius principle. To avoid ambiguity and return the Supreme Court to its authority, these basic values are emphasized in the Draft Criminal Procedure Code Article 250 paragraph (3). The emergence of the article is one manifestation of the existence of a criminal law policy to allow positive legal regulations to be formulated better so that the limits of the authority of the Supreme Court in the law will be clearer.

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