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VOL. 8, ISSUE 6 (2022)
Juridical review of an acquittal verdict which unable to undergo any legal efforts (Critical analysis of supreme court’s decision No. 128 K/Pid/2020 with the defendant of Junaidi Syahputra Bin Abu Bakar).
Authors
Muhammad Agra Syafiquddin Yusuf, Dahlan, Sulaiman
Abstract
An acquittal verdict is one of several decisions that can be made by the Judges in any criminal cases through a fair criminal trial. Essentially, Public Prosecutors are invested with an authority to challenge any court decisions through legal efforts (e.g. appeal and/or cassation). However, taking into account the Supreme Court’s Decision Number 128 K/Pid/2020 with Junaidi Syahputra Bin Abu Bakar as the Defendant (hereinafter will be referred to as the ‘SC Decision’), Public Prosecutors are bound to a limitative regulation in casu of taking legal efforts upon the aforementioned acquittal verdict. This research aims to analyze: (i) the accuracy of judges’ considerations in determining SC Decision, viewed from legal certainty, legal correctness and the value of justice; and (ii) the correct reformulation of legal efforts in terms of acquittal decision in Criminal Procedure Law. This writing is a normative legal research; library research is used along with the approaches of concept and values. The findings are (i) the judges' has given accurate considerations viewed from legal certainty and correctness, however, the SC Decision does not provides the value of justice; and (ii) there should be a reformulation upon legal efforts stipulation in regards of acquittal decision.
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Pages:206-208
How to cite this article:
Muhammad Agra Syafiquddin Yusuf, Dahlan, Sulaiman "Juridical review of an acquittal verdict which unable to undergo any legal efforts (Critical analysis of supreme court’s decision No. 128 K/Pid/2020 with the defendant of Junaidi Syahputra Bin Abu Bakar).". International Journal of Law, Vol 8, Issue 6, 2022, Pages 206-208
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