HUKUM BISNIS
Vol 9 No 6 (2025): Vol 9 No 6 2025

DISKRESI PENEGAK HUKUM DALAM PENERAPAN PREJUDICIEEL GESCHIL

Marleno, Risma (Unknown)
Rumihin, Ony Frengky (Unknown)
Arwanto, Bambang (Unknown)



Article Info

Publish Date
01 Nov 2025

Abstract

Law enforcement discretion is an essential instrument in judicial practice that provides flexibility for judges or law enforcement officials to make decisions based on juridical, moral, and propriety considerations, outside of rigid legal provisions. One of its strategic applications is in prejudicieel geschil, which is a mechanism to postpone the examination of criminal cases until there is a civil case decision that has a substantial relationship with the subject matter of the criminal case, which aims to prevent contradictions in decisions between courts. This mechanism is regulated in Supreme Court Regulation Number 1 of 1956 and Supreme Court Circular Letter Number 4 of 1980, which distinguishes two forms of prejudicieel geschil, namely question pre judicielles a l action (mandatory delay) and question prejudicielles au judgement (facultative delay). Based on normative legal research with a statute approach and conceptual approach. Keywords: Discretion, Law Enforcement, Prejudicieel Geschil

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Journal Info

Abbrev

hukumbisnis

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Business Law contains scientific articles, research results and community service. The scope is in the fields of business law, sharia economic law, civil law, government law and notary ...