Nurjannah, Nurjannah (2024) Tinjauan Yuridis Terhadap Putusan Bebas Dalam Perkara Tindak Pidana Pencurian Buah Sawit ( Studi Kasus Perkara Nomor : 154/pid.b/2023/pn.bls ). Masters thesis, Universitas Islam Riau.

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Abstract

The court plays a role in the process of seeking justice so that the court must be independent and can present trials without interference in any form. Judges have a vital role in justice because judges have the authority to examine, try and decide on cases. As in Article 191 paragraph (1) of the Criminal Procedure Code which states that, if the judge is of the opinion that from the results of the examination in court, the defendant's guilt for the act he is accused of has not been legally and convincingly proven, then the defendant will be acquitted. This research focuses on the acquittal decision of the Panel of Judges at the Bengkalis District Court against the Defendant of the Crime of Palm Oil Theft (Case Number: 154/Pid.B/2023/Pn.Bls). The main problem in this research is how the panel of judges at the Bengkalis District Court considered the legal considerations regarding the accused of palm oil theft who was acquitted (Case Number: 154/Pid.B/2023/Pn.Bls) and what are the procedures and implementation of rehabilitation or compensation for defendants who are acquitted by the panel of judges. The research method used is normative juridical, where research is carried out by examining library materials or secondary data. This research uses a qualitative data analysis methodology. Data analysis then ends by producing conclusions deductively, namely a thinking technique that starts from general to specific things. From the results of the research, it can be concluded that the consideration of the panel of judges at the Bengkalis District Court regarding the defendant of palm oil theft (Case Number: 154/Pid.B/2023/Pn.Bls) is that the object of the land from which the defendant took the palm oil fruit is still in dispute or unclear. who owns it, therefore the element of taking something which wholly or partly belongs to another person is not fulfilled. Meanwhile, the procedures and implementation of rehabilitation or compensation for defendants who are acquitted by the panel of judges is by the clerk placing the contents of the decision and rehabilitation determination from the panel of judges who tried the defendant on the court notice board so that it can be read and known by the public, and the defendant or his heirs can submit a claim for compensation to the court that has the authority to hear the case concerned within a period of 3 (three) months from the time the court decision becomes legally binding.

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