Mandiri, Elisah (2023) Tinjauan Menuntut Ganti Kerugian Karena Divonis Bebas (studi Kasus Perkara Nomor: 21/pid.pra/2021/pn.pbr). Other thesis, universitas islam riau.

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Abstract

Case Study: Case No. 21/Pid.Pra/2021/PN.Pbr is a form of application case regarding demanding compensation filed in pretrial for detention, arrest, and trial in a court hearing where the defendant was sentenced to be free but the pretrial application was rejected in its entirety. Based on the indicators above, the authors formulate the problem in this study, namely what are the arrangements and mechanisms for demanding compensation for being sentenced to be free and how the judge's legal considerations in rejecting compensation claims because they were sentenced to be free are described in Case Study: Case Number 21/Pid.Pra/2021/PN.Pbr. The method in this study relies on a combined (mixed) research of normative and empirical (sociological) laws, namely research that uses secondary data or data obtained through literature and also empirical facts taken from human behavior, both verbal behavior obtained through interviews and real behavior obtained through direct observation. The nature of this study is descriptive-analytical in that it provides a complete and clear picture of the application of the defendant's rights in terms of demanding compensation for being sentenced to be free. Based on the results of research conducted by the author, it appears that the review of demanding compensation because they were sentenced to be free has not been applied optimally and there are still many applications for compensation in pretrial denial, one of which is in Case Study: Case Number 21/Pid.Pra/ 2021/PN.Pbr, where the judge's legal considerations in rejecting the application for compensation for all of them are not appropriate and erroneous. The prosecutor cannot prove his charges by indicting the accused, and the judge's reasoning is not appropriate because the investigator's determination of a person to be a suspect or defendant must be based on the provisions of the applicable law. The granting of defendant status to a person must be based on sufficient preliminary evidence. so that the investigator and the prosecutor are not professional, are not careful in proving the charges, and are not guided by the applicable law. Review, Compensation, Acquittal

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