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Aca Surya Putra Zai
Universitas Nias Raya
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health

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Journal : Ipso Jure

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Juridical Analysis of the Cassation Mechanism in acquittal Cases in Indonesia Aca Surya Putra Zai
Ipso Jure Vol. 1 No. 7 (2024): Ipso Jure-August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/hj4p7m64

Abstract

Indonesia's criminal justice system, which includes cassation against acquittals, plays an important role in ensuring justice and legal certainty. However, the application of cassation against acquittal has raised debates related to Article 244 of the Criminal Procedure Code, which expressly prohibits the filing of cassation against acquittal. This study aims to analyze the juridical application of the cassation mechanism in the case of an acquittal verdict and its legal implications. The research method used is a normative juridical approach, by analyzing relevant laws and regulations, court decisions, and legal doctrines. The results show that although Article 244 of the Criminal Procedure Code prohibits cassation against acquittals, Supreme Court jurisprudence, such as in the Raden Sonson Natalegawa case, shows flexibility through contra legem interpretation. This has led to complex legal consequences, both positive and negative, which impact on the parties involved and the integrity of the justice system. Therefore, continuous evaluation and adjustment is required to ensure that the goals of justice and legal certainty can be effectively achieved.
Co-Authors Alvi Syahrin HAREFA, ARIANUS Muhammad Ekaputra Muhammad Hamdan Selatieli Zendrato