Argumentasi Penuntut Umum Mengajukan Kasasi Terhadap Putusan Bebas Pengadilan Tinggi Semarang Dalam Perkara Penipuan

Abstract

     This study aims to determine the suitability of the application of the provisions of the Criminal Procedural Code against the misapplication of the law as the reason for the Prosecution to submit it’s cassation and know the consideration of the Supreme Court Judges in deciding the case of fraud.

     The method used was the legal research doctrinal prescriptive. The approach used was case approach and using primary legal materials and secondary legal materials a law material source, technical analysis with legal materials using methods syllogism using deductive thinking patterns.

     Based on the results of this study concluded that the reason the Prosecution cassation, with the reasons of judge misapplied of law in High Court Semarang can be interpreted as a rule of law is not applied or not applied as it should be which is contained in Article 253 paragraph (1) Criminal Procedural Code . On that basis Judge Supreme Court granted the Prosecution cassation grounded Criminal Procedure Code with the issuance of the Supreme Court Decision Number: 957 K / Pid / 2014 and implies the cancellation of Semarang High Court Decision No. 372 / PID / 2013 / PT.SMG

      Keywords: Cassation, Judgment Free, Fraud, Prosecutor