Ipso Jure
Vol. 1 No. 7 (2024): Ipso Jure-August

Juridical Analysis of the Cassation Mechanism in acquittal Cases in Indonesia

Aca Surya Putra Zai (Universitas Nias Raya, Sumatera Utara)



Article Info

Publish Date
16 Jul 2024

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.

Copyrights © 2024






Journal Info

Abbrev

IJJ

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ipso Jure is an international, peer-reviewed, open access journal dedicated to advancing scholarly research and discourse in the field of law, with a particular emphasis on the principles of the rule of law. The journal aims to provide a platform for academics, legal practitioners, policymakers, and ...