USU LAW JOURNAL
Vol 2, No 1 (2014)

ANALISIS PUTUSAN HAKIM PERADILAN PIDANA TERHADAP PENCABUTAN PERKARA DELIK ADUAN ( STUDI PUTUSAN MAHKAMAH AGUNG NO. 1600 K/PID/2009)

Muhammad Yusuf Siregar (Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara)
Madiasa Ablisar (Unknown)
Mahmud Mulyadi (Unknown)
Utary Maharany Barus (Unknown)



Article Info

Publish Date
01 Mar 2014

Abstract

ABSTRACTArrangement complaint about a crime has been arranged expressly in the Book of the Law of Criminal Law Article 72-75 of the Criminal Code. Complaints that have been filed may be withdrawn if still within the grace period of 3 ( three ) months after the complaint is filed ( Article 75 of the Criminal Code). The practice of the law in the Supreme Court decision No. 1600 K/PID/2009. Supreme Court Justice existing legal provisions in the Criminal Code with the advanced legal purpose of restoring the balance that occurs due to a crime and restorative justice teachings that conflict is not simply a crime as a violation of state and public interest but a conflict also represent disrupted and broken relationship between two or more individual in public relations . The panel of judges who handle cases in the decision No.1600 K/PID/2009 has given consideration First Objective of criminal law that is to restore the balance that occurs between the perpetrator and the victim because of the criminal act ; Second : It has been done for peace between the perpetrator and the victim ; Third : To maintain individual relationships within social relationships , especially parties to the conflict are bound family relationship is between the law and the law; Fourth : that the teaching of restorative justice that the judge must be able to facilitate conflict resolution satisfactory to unite the parties to the dispute.

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