Kasasi Penuntut Umum Terhadap Putusan Bebas Perkara Penadahan Karena Judex Facti Salah Menerapkan Hukum

Abstract

      This study aims to determine the suitability of the cassation by the public prosecutor on the judex facti misapplied the law against the acquittal of fencing case with the rovisions of Article 253 Criminal Procedure Code and to determine the suitability of reasons of the judges of the Supreme Court in examining and deciding the cassation of the prosecution against the acquittal of fencing case with the provisions of Article 256 of the Criminal Procedure Code. The author uses normative legal research, or known as a doctrinal legal research and this research is prescriptive and applied.

      Defendant Diki Oktaviana (an intermediary for the purchase of canned Cap Kaki Tiga) between the Rahmat and Suherman. Cans and lids should be sent to the PT. Kino Care. A total of 157 720 pcs of cans go for Rahmat to Suherman at the price of 6,000,000 rupiah and Diki Oktaviana awarded a prize of 700,000 of them. While PT. BCL W (the production company and shipper logistics Cap Kaki Tiga Cans) obtaining a loss of 149 million rupiah.

      Cassation by the public prosecutor on judex facti misapplied the law against the acquittal case of the fence with the provisions of Article 253 Criminal Procedure Code since the Tangerang District Court judge in reaching a decision not to apply the law as it should be, namely Judex factie has misapplied the formal and material law. Reason Supreme Court judges in examining and deciding on the prosecution's cassation against the acquittal of fencing case in accordance with the provisions of Article 256 Criminal Procedure Code. As the Supreme Court considers that the judex facti has misapplied the law. Thus, consideration of the supreme court judge in its Decision No. 104 K / PID / 2015, in accordance with the provisions of Article 255 paragraph (1) jo. Article 256 the Criminal Procedure Code to grant the public prosecutor's cassation in the District Court of Tangerang.

      Keywords: Cassation, Judgment Free, fencing