Dasar Hukum Pengajuan Eksepsi Dengan Alasan Dakwaan Penuntut Umum Bersifat Prematur

Abstract

        The aim of this research is to find out the suitablity between objection by reason that the public prosecutor charges is premature is in accordence with the provision of the book of the criminal procedure law. Considering the book of criminal procedure law only organize 3 (three) type of objection or exceptie (by holland). Based on article 156 clause (1) by the book of criminal procedure law, the 3 (three) type of objections are, the first is the court’s didn’t have the power to be competent to judge the case, the second is the prosecutor charges can’t be accepted, and the third is the prosecutor charges is null and void by the law.

       This research is normative legal research that tend to perspective and applicative, using the case approach. The case began when Dr. H. Baginda Parlaungan Ritonga died and left the legacy stored in the safe of PT. ARB, in the form of letters of agreement and deed of land, which hasn’t been divided into 12 (twelve) heirs. On december 27, 2014 evening, around 09.00 pm, the defendant Muhammad Tohir Ritonga invited defendent Samson Ritonnga to take the letters in the safe box with an assist by two locksmith without the knowledge of Mr. Muhammad Abdu Elif Ritonga as the person who manage the asssets of PT. ARB. On the court session, the defendant submit an objection (exceptie: holland), it’s said that the public prosecutor charges is premature, because on of the defendant, Mr.Muhammad Thohir Ritonga is one of the 12 (twelve) heirs to the legacy of Alm. Dr. H. Baginda Parlaungan Ritonga. So they still needed another verdict on the inheritence to find out who was to inherit the lagacy and to decide whether the two defendent has committed theft or not  Based on the results of the research and study, the conclusions generated that the offer of objection by the defendant by reason that the public prosecutor charges is premature is in accordance with the provision of the book of the criminal procedure law.

         Keywords: prejudicial, charges, objection or exceptie (by holland)