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All Journal International Journal of Social Service and Research Journal of Community Service (Abdisci)
Abdul Azis Mustofa
Universitas Swadaya Gunung Jati
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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RE-EXAMINATION OF THE SUSPECT IN THE PROCESS OF SUBMITTING EVIDENCE AT THE CIREBON CITY DISTRICT ATTORNEY'S OFFICE Dhea Wardah Aulia; Abdul Azis Mustofa; Uba Dawan Mubarok; Waluyadi Waluyadi
Jurnal Abdisci Vol 3 No 2 (2025): Vol 3 No 2 Tahun 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v3i2.728

Abstract

Abstract: Background. A good law enforcement process is the highest hope for the community, especially for justice seekers entangled in legal problems. Problems in the law enforcement process often occur at the pre-prosecution level. Aims. This study aims to analyze the process of re-examination by the Public Prosecutor against the suspect when handing over evidence at the Cirebon City District Attorney's Office. In Indonesian criminal procedure law, this process is regulated by Law No. 8 of 1981 concerning the Criminal Procedure Code and Law No.11 of 2021 concerning Amendments to Law No.16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia. Methods. This research identifies two main problems: (1) the juridical review of the re-examination by the public prosecutor, and (2) whether the process falls under the category of additional examination. The research method used in this research is empirical juridical. The legal research approach is conducted through literature study and interviews. Result. The results of this study indicate that the re-examination conducted by the Public Prosecutor is not part of the additional examination as stipulated in Article 30 paragraph (1) letter e of Law No. 16 of 2004. Implementation. Therefore, the actions of the Public Prosecutor in the process of handing over evidence are categorized as administrative and substantive research in the standard procedure before the case submission to the prosecution stage.
Legal Study of Null Verdicts in the Context of Narcotics Abdul Azis Mustofa; Endang Sutrisno
International Journal of Social Service and Research Vol. 6 No. 6 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i6.1439

Abstract

A court verdict is a statement issued by a judge in an open hearing, which is a guilty verdict, acquittal, acquittal, legal pardon, or an order to commit certain actions. These types of decisions or verdicts are regulated in Articles 65 and 66 of the 2023 Criminal Code. A null verdict or verdict is not explicitly contained in any law, so it is questionable about its legal certainty. This study aims to analyze judges' considerations in null verdicts to achieve legal certainty and analyze null verdicts based on the 2023 Criminal Code. The method applied was normative juridical by utilizing primary and secondary data as well as legal material triangulation validation techniques. The results of this study are that the decision is null and void starting from the judge's interpretation in interpreting article 67 of the Criminal Code, which if in the 2023 Criminal Code is in article 129. However, legal reform and harmonization need to be carried out to build more substantive legal certainty because it will have implications for legal systematics.
Co-Authors Dhea Wardah Aulia Endang Sutrisno Uba Dawan Mubarok Waluyadi Waluyadi