Analisis Terhadap Putusan Pemidanaan Tanpa Diktum "Memerintahkan Terpidana Ditahan" Dalam Perspektif Kepastian Hukum

Robani, Irvan (2020) Analisis Terhadap Putusan Pemidanaan Tanpa Diktum "Memerintahkan Terpidana Ditahan" Dalam Perspektif Kepastian Hukum. Masters thesis, Universitas Islam Riau.

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Abstract

ANALYSIS OF THE DECISION OF CRIMINAL WITHOUT DICTUM "ORDERING THE CRIMINAL ARREST" IN THE PERSPECTIVE OF LEGAL CERTAINTY ABSTRACT Legal certainty is not just a moral demand, but factually characterizes the law. An uncertain and just law is not just a bad law, but it is not a law at all. Legal uncertainty, will cause chaos in people's lives, and people will do what they want and act vigilantly. Rengat District Court's Decision Number: 192/Pid.B/2015/PN.Rgt is made without fully referring to the Criminal Procedure Code especially Article 197 (1) letter k, and will certainly have legal consequences. Article 197 paragrafh (1) of the Criminal Procedure Code contains the imperative as well as the firmness of the convicted person whether the convicted person is detained or remains in custody or released. In this paper, the author uses empirical legal research methods with the formulation of the problem, namely how legal certainty of criminal convictions without the dictum "ordering the criminal arrest" in case number: 192/Pid.B/2015/ PN.Rgt as well as how the legal consequences of convicting decisions without the dictum "ordering the criminal arrest " in case number: 192/Pid.B/2015/PN.Rgt. Legal certainty in case decision number: 192 / Pid.B / 2015 / PN.Rgt has not been fulfilled, the panel of judges who tried the case has ignored the order of Article 197 paragraph (1) letter k of the Criminal Procedure Code. Whereas Article 197 paragraph (1) letter k of the Criminal Procedure Code is the substance of a decision aimed at creating legal certainty against a convicted person who has been proven guilty of committing a crime. Then the article is also a control for judges to avoid carelessness or arbitrariness in making decisions. The legal consequences of decisions that do not include Article 197 paragraph (1) letter k of the Criminal Procedure Code as determined by Rengat District Court Number: 192 / Pid.B/2015/PN.Rgt are null and void by law. Although the Decision of the Constitutional Court (MK) Number: 69/PUU-X/2012 dated November 22, 2012 states that it does not include Article 197 paragraph (1) letter k of the Criminal Procedure Code is not null and void, in practice the Public Prosecutor as executor cannot implement it so that the Prosecutor The Public Prosecutor's Office of the Rengat District Attorney filed an appeal against the objection as long as there was no mention of the status of detention of the convicted person.

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