Argumentasi Hukum Judex Juris Memutuskan Permohonan Kasasi Atas Dasar Ada Dissenting Opinion Dalam Perkara Penipuan

Abstract

       Legal argument is the reason that can be used to amplify or reject an opinion, establishment, or ideas (Sudarsono,1992:32). Arguments occur at the judges deliberation before deciding a case, both judex juris and judex facti. Issues raised is how well suited the judex juris legal arguments in deciding cassation on the basis Dissenting Opinion on article 14 of Law No. 48 Year 2009 regarding Judicial Power in conjunction with Article 30 of Law No. 5 of 2004 on the Amendment of the Act No. 14 Year 1985 regarding the Supreme Court and the Code of Criminal Procedure (Criminal Procedure Code). This research is a descriptive normative law. The data used is secondary data in the form of primary legal materials and secondary law. The data collection technique used is the study of documents and literature studies, research instrument is a Decision Number 791 K / Pid / 2013. The analysis technique used is the deductive syllogism. A decision shall be made by the judge dissent (Dissenting opinion) in case Number: 791 K / Pid / 2013 should correspond to existing provisions, namely Article 182 paragraph (6) Criminal Procedure Code by taking a decision by a majority vote because not achieved consensus. Moreover such decision should comply with the provisions of Article of Law No. 5 of 2005 concerning amendments to the Law No. 14 Year 1985 regarding the Supreme Court in conjunction with Law No. 48 Year 2009 regarding Judicial Power as the fulfillment of the reasons the appeal filed and the exclusion of consideration of the judge and the judge consideration different opinions.

      Keywords: Dissenting opinion, judicial power,fraud.