Pengajuan Kasasi Oleh Penuntut Umum Terhadap Putusan Bebas Dalam Memutus Perkara Penggelapan Dan Pertimbangan Hakim Dalam Memutus Perkara

Abstract

     The case of embezzlement with the dependent H. Basri Lubis do to abuse of, during the thirteen months in a row has received the payment of money from the harvest palm oil. Without permission from my other people, the money used for the sake of personal defendants. The high court, stating that the defendant was released from all lawsuits, because it is not a criminal act. On the appeal, appeal granted and dropped the two years in prison against defendants.

      Results showed that the reason for appeals by the public prosecutor against the acquittal in a case of embezzlement in accordance with article 253 paragraph (1) letter a, misapplied the law. The public prosecutor submitted cassation against the acquittal because it refers to a constitutional court Verdict Number 114/PPU-X/2012 that allows the acquittal submitted cassation. Law considerations of a supreme court judge in checked and decide upon to grant appeals by the public prosecutor in a case of embezzlement in accordance article 256 of the Criminal Procedure Code.

      Keywords: Appeal, The Acquittal, Law Attempt