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VOL. 10, ISSUE 3 (2024)
Legal certainty in a decision to release all legal claims in a court decision
Authors
Abdul Hadi, Rizanizarli, Azhari
Abstract
This journal aims to determine the existence
of decisions free from all legal demands and the judge's considerations in
decisions free from all legal demands due to civil actions. This journal uses a
type of juridical-normative research, namely legal research that conceptualizes
principles, rules, norms and doctrine. This approach is also known by the
general public as a normative legal approach or research. In judicial practice
we find that there are decisions free from all legal charges which basically
explain that the defendant's actions have been legally and convincingly proven
but are not criminal acts but are civil acts, verbally or in language the
sentence is contradictory, one side states that the criminal charges are proven
but on the other hand, stating that it is not a criminal act, but a civil act,
there is a conflicting legal logic in a decision like this, when the judge
concludes and confirms the indictment of the public prosecutor's criminal
article, then the consequence is that all the elements of the criminal article
charged have been fulfilled and the decision is proven to be an act the crime
charged by the public prosecutor so that a criminal decision should be issued,
but if it is then deemed that the criminal act is not a criminal act but a
civil act, then therein lies a collision of legal logic. It is known that there
are two categories of judge's consideration in deciding a case, namely the
judge's consideration which is juridical in nature and the judge's
consideration which is non-juridical in nature.
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Pages:148-154
How to cite this article:
Abdul Hadi, Rizanizarli, Azhari "Legal certainty in a decision to release all legal claims in a court decision". International Journal of Law, Vol 10, Issue 3, 2024, Pages 148-154
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