PENGESAMPINGAN JUDEX’ FACTIE TERHADAP ALAT BUKTI PETUNJUK SEBAGAI DASAR PENUNTUT UMUM MENGAJUKAN KASASI TERHADAP PUTUSAN BEBAS PERKARA PERSETUBUHAN ANAK DI BAWAH UMUR
| Main Author: | Koespermata Dewi, Lioni Aulia Rici |
|---|---|
| Format: | Article application/pdf eJournal |
| Bahasa: | ind |
| Terbitan: |
FAKULTAS HUKUM UNIVERSITAS SEBELAS MARET
, 2014
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| Online Access: |
http://jurnal.hukum.uns.ac.id/index.php/verstek/article/view/378 |
Daftar Isi:
- The aims of this writing is to find out whether or not the appeal of free sentence (Vrijspraak) to Supreme Court in copulation with minor case is in contradiction with the article 244 of KUHAP and how the legal argumentation of Supreme Court’s Judge is in judging the appeal to Supreme Court application by the Public Prosecutor in this free sentence in this case.The result obtained from this research was that the appeal of free sentence (vrijspraak) to the Supreme Court in copulation with minor case was in contradiction with the provision of Article 244 of KUHAP, but because Judex` Factie had overridden the hint evidence constituting the Examination Official Document of Victim Witness, the Public Prosecutor could appeal to the Supreme Court as long as he/she could prove that Judex` Factie had applied the law incorrectly. And the legal argumentation of the Supreme Court’s judge in judging this appeal to supreme court stated that Judex` Factie did not indeed apply the law or applied the law inappropriately as included in the Article 253 clause (1) a of KUHAP, namely overriding the hint evidence constituting the Examination Official Document of victim witness.