Studi Penanganan Korupsi Audit Pembangkit Tenaga Listrik Dalam Putusan Mahkamah Agung Nomor 216 K/Pid.Sus/2009

Abstract

    Based on the results of this study, it could be concluded that the basis of an appeal by the prosecution to prove that the Judex factie decision is not free in the case of pure corruption audit powerhouse with the defendant Ir. Darwin Abbas which is in conformity with the provisions of the Criminal Procedure Code. The prosecution argument to boils down is that the South Jakarta District Court has passed a ruling in check and try the case "does not apply the rules of law or apply the law not as it should be" of Article 253 paragraph (1) letter a Criminal Code). Prosecutor reason to appeals in the Supreme Court considered that the reasons are justified and in accordance with the provisions of the Criminal Procedure Code. Justices of the Supreme Court agrees with the prosecution that it is true Judex factie not apply the law or apply the law not as it should be. From that judgment the Supreme Court granted a prosecution appeal and the verdict free from all charges or acquittal called impure because of what the charges are proven even if the act is not a criminal act. This is in accordance with the provisions of Article 191 paragraph (2) Criminal Procedure Code stating that if the acts charged against the defendant has been proven, but the act was not a crime then it should be cut off from all charges.

      Keywords: Reason Cassation, Judgement Free, Argument Supreme Court Judge