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VOL. 10, ISSUE 3 (2024)
Niet Ontvankelijke Verklaard (NO) decision in Indonesian criminal justice system
Authors
Afzal, Din, Ida Keumala Jeumpa
Abstract

Law number 8 of 1981 on Criminal Code Procedure have given limitation on decision which can be decided by judge in criminal justice process. On practice level it turns out the judge. In Indonesian criminal justice system often practice the decision out of provision criminal code procedure, in the form of decision of Niet Ontvankelijke Verklaard (NO) or demand (criminal procedure) cannot be received with various reasons of consideration which form the background.

This research has purpose to study and analyse whether decision of NO or demands (criminal procedure) is not acceptable in line with the principles of the Indonesian Criminal Justice System. The research method which used is the Normative Juridical Method, by studying the legal basis for implementation the NO decision in the Indonesian Criminal Justice System. The research results show that NO decision in the criminal case because of expired reasons and ne bis in idem, still in compliance with the principles of the Indonesian criminal justice system the purpose to reach or fill legal emptiness. The NO decision gives the right and logical base as a further filter to realize legal certainty for them who looking for justice. However, NO decision in criminal cases are other than the reasons for expire and ne bis in idem are not appropriate in practice, both in term of legal certainty and the principles of fast justice, simple, low cost. Because, in principle, Indonesian criminal justice system has given space for decisions on cases that are formally flawed in the form of intermediate decisions, which more certain and have legal effort institutions.
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Pages:123-126
How to cite this article:
Afzal, Din, Ida Keumala Jeumpa "<i>Niet Ontvankelijke Verklaard (NO)</i> decision in Indonesian criminal justice system". International Journal of Law, Vol 10, Issue 3, 2024, Pages 123-126
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