ANALISIS PUTUSAN DILUAR DAKWAAN PENUNTUT UMUM (STUDI PUTUSAN NOMOR 2992 K/Pid.Sus/2024)

Abstract

This article analyzes the judge’s considerations in rendering a verdict beyond the public prosecutor’s indictment, using the Supreme Court Decision No. 2992 K/Pid.Sus/2024 as a case study. The purpose of this article is to examine the conformity of the ruling with the principle of legality and the principle of justice in Indonesian criminal procedural law, as well as its various legal implications. The author identifies certain formal legal implications arising from the decision. Therefore, this study seeks to analyze the underlying reasons behind the judge’s considerations in issuing such a ruling. This research employs a doctrinal or normative legal research method with a prescriptive or applied nature, utilizing both primary and secondary legal sources relevant to the issue under study. Legal materials were collected through library research using a statute approach and a conceptual approach, combined with deductive syllogism, to determine whether a judge may adjudicate a narcotics criminal case beyond the scope of the public prosecutor’s indictment.