被告在陪审团裁决后的法律地位和地位,该法庭对检察官的起诉书起诉书763号/Pid。B - 2020年间PN-RAP)

M. Y. Siregar
{"title":"被告在陪审团裁决后的法律地位和地位,该法庭对检察官的起诉书起诉书763号/Pid。B - 2020年间PN-RAP)","authors":"M. Y. Siregar","doi":"10.36987/JIAD.V9I2.2188","DOIUrl":null,"url":null,"abstract":"This study aims to analyze the legal aspects of the Position and Legal Status of the Defendant After the Decision of the Panel of Judges Declaring the Indictment of the Public Prosecutor Fleeing (Study of Decision of the Rantauprapat District Court No. 763/Pid.B/2020/PN-RAP). This research is Normative Empirical, namely research by looking at the conditions in the field by linking the legal sources of the regulations in force in the Republic of Indonesia. The benefits that will be received from the results of this study are to find out and analyze the position of the indictment which was declared vague and null and void as well as to find out and analyze the status and legal position of the defendant after the decision of the panel of judges which stated that the indictment of the public prosecutor was blurred in the Rantauprapat District Court Decision No. 763/Pid.B/2020/PN-RAP. The results of the study show that first, the position of the indictment which was declared vague and null and void in the Rantauprapat District Court Decision No. 763/Pid.B/2020/PN-RAP. 763/Pid.B/2020/PN-RAP is that based on the description of the first indictment, the Public Prosecutor mentions Iwan (not yet caught) but in the case file there is no letter or letter attachment from the Police in the form of Iwan being included in the People's Wanted List (DPO) because Therefore, the description of the Second Indictment of the Public Prosecutor is blurred so that based on the considerations above, the alternative indictment of the First Public Prosecutor is inaccurate and vague because it does not meet the requirements as referred to in Article 143 paragraph (2) letter b of the Criminal Procedure Code whose legal consequences are the alternative indictment of the First Public Prosecutor. null and void. Second, that from the series of legal processes mentioned above, it can be seen that even though at the district court level it was stated that the First and Second Indictments of the Public Prosecutor were null and void, but because the public prosecutor had filed an appeal with the decision ordered the Rantau Prapat District Court to continue the examination of this case until the final decision, the position of the defendant is still on trial and based on the final decision has sentenced the defendant to a sentence of 8 (eight) months imprisonment. Keywords: Legal Status, Indictment, Public Prosecutor.","PeriodicalId":127108,"journal":{"name":"JURNAL ILMIAH ADVOKASI","volume":"17 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"KEDUDUKAN DAN STATUS HUKUM TERDAKWA PASCA PUTUSAN MAJELIS HAKIM YANG MENYATAKAN DAKWAAN JAKSA PENUNTUT UMUM KABUR (Study Putusan Pengadilan Negeri Rantauprapat No. 763/Pid.B/2020/PN-RAP )\",\"authors\":\"M. Y. Siregar\",\"doi\":\"10.36987/JIAD.V9I2.2188\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This study aims to analyze the legal aspects of the Position and Legal Status of the Defendant After the Decision of the Panel of Judges Declaring the Indictment of the Public Prosecutor Fleeing (Study of Decision of the Rantauprapat District Court No. 763/Pid.B/2020/PN-RAP). This research is Normative Empirical, namely research by looking at the conditions in the field by linking the legal sources of the regulations in force in the Republic of Indonesia. The benefits that will be received from the results of this study are to find out and analyze the position of the indictment which was declared vague and null and void as well as to find out and analyze the status and legal position of the defendant after the decision of the panel of judges which stated that the indictment of the public prosecutor was blurred in the Rantauprapat District Court Decision No. 763/Pid.B/2020/PN-RAP. The results of the study show that first, the position of the indictment which was declared vague and null and void in the Rantauprapat District Court Decision No. 763/Pid.B/2020/PN-RAP. 763/Pid.B/2020/PN-RAP is that based on the description of the first indictment, the Public Prosecutor mentions Iwan (not yet caught) but in the case file there is no letter or letter attachment from the Police in the form of Iwan being included in the People's Wanted List (DPO) because Therefore, the description of the Second Indictment of the Public Prosecutor is blurred so that based on the considerations above, the alternative indictment of the First Public Prosecutor is inaccurate and vague because it does not meet the requirements as referred to in Article 143 paragraph (2) letter b of the Criminal Procedure Code whose legal consequences are the alternative indictment of the First Public Prosecutor. null and void. Second, that from the series of legal processes mentioned above, it can be seen that even though at the district court level it was stated that the First and Second Indictments of the Public Prosecutor were null and void, but because the public prosecutor had filed an appeal with the decision ordered the Rantau Prapat District Court to continue the examination of this case until the final decision, the position of the defendant is still on trial and based on the final decision has sentenced the defendant to a sentence of 8 (eight) months imprisonment. Keywords: Legal Status, Indictment, Public Prosecutor.\",\"PeriodicalId\":127108,\"journal\":{\"name\":\"JURNAL ILMIAH ADVOKASI\",\"volume\":\"17 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-09-20\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"JURNAL ILMIAH ADVOKASI\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.36987/JIAD.V9I2.2188\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"JURNAL ILMIAH ADVOKASI","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.36987/JIAD.V9I2.2188","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

本研究旨在分析法官小组宣布起诉检察官逃跑后被告的地位和法律地位的法律方面(兰托普拉帕特地方法院第763/ id. b /2020/PN-RAP号判决研究)。这项研究是规范实证的,即通过联系印度尼西亚共和国现行法规的法律来源来研究该领域的条件。从本研究结果中获得的好处是找出和分析被宣布为模糊和无效的起诉书的位置,以及找出和分析法官小组在兰托普拉帕特地区法院第763/Pid.B/2020/PN-RAP号决定中指出检察官的起诉书是模糊的之后被告的地位和法律地位。研究结果表明:第一,兰托普拉帕特地方法院第763/Pid.B/2020/PN-RAP号判决中认定的起诉书立场模糊、无效。763 / Pid。B/2020/PN-RAP是,根据第一份起诉书的描述,公诉人提到了伊万(尚未被捕),但在案件档案中没有警方以伊万被列入人民通缉名单的形式发出的信件或信件附件,因为因此,公诉人第二份起诉书的描述是模糊的,因此基于上述考虑,第一检察官的替代起诉是不准确和含糊的,因为它不符合《刑事诉讼法》第143条第(2)款b项所述的要求,其法律后果是第一检察官的替代起诉。无效。第二,从上面提到的一系列法律程序可以看出,尽管在地区法院一级,检察官的第一次和第二次起诉书是无效的,但由于检察官已就该决定提出上诉,因此命令大屿山普拉帕地区法院继续审查此案,直到作出最后决定为止,被告的立场仍在审理中,并根据最终决定判处被告8(8)个月监禁。关键词:法律地位,起诉,检察官。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
KEDUDUKAN DAN STATUS HUKUM TERDAKWA PASCA PUTUSAN MAJELIS HAKIM YANG MENYATAKAN DAKWAAN JAKSA PENUNTUT UMUM KABUR (Study Putusan Pengadilan Negeri Rantauprapat No. 763/Pid.B/2020/PN-RAP )
This study aims to analyze the legal aspects of the Position and Legal Status of the Defendant After the Decision of the Panel of Judges Declaring the Indictment of the Public Prosecutor Fleeing (Study of Decision of the Rantauprapat District Court No. 763/Pid.B/2020/PN-RAP). This research is Normative Empirical, namely research by looking at the conditions in the field by linking the legal sources of the regulations in force in the Republic of Indonesia. The benefits that will be received from the results of this study are to find out and analyze the position of the indictment which was declared vague and null and void as well as to find out and analyze the status and legal position of the defendant after the decision of the panel of judges which stated that the indictment of the public prosecutor was blurred in the Rantauprapat District Court Decision No. 763/Pid.B/2020/PN-RAP. The results of the study show that first, the position of the indictment which was declared vague and null and void in the Rantauprapat District Court Decision No. 763/Pid.B/2020/PN-RAP. 763/Pid.B/2020/PN-RAP is that based on the description of the first indictment, the Public Prosecutor mentions Iwan (not yet caught) but in the case file there is no letter or letter attachment from the Police in the form of Iwan being included in the People's Wanted List (DPO) because Therefore, the description of the Second Indictment of the Public Prosecutor is blurred so that based on the considerations above, the alternative indictment of the First Public Prosecutor is inaccurate and vague because it does not meet the requirements as referred to in Article 143 paragraph (2) letter b of the Criminal Procedure Code whose legal consequences are the alternative indictment of the First Public Prosecutor. null and void. Second, that from the series of legal processes mentioned above, it can be seen that even though at the district court level it was stated that the First and Second Indictments of the Public Prosecutor were null and void, but because the public prosecutor had filed an appeal with the decision ordered the Rantau Prapat District Court to continue the examination of this case until the final decision, the position of the defendant is still on trial and based on the final decision has sentenced the defendant to a sentence of 8 (eight) months imprisonment. Keywords: Legal Status, Indictment, Public Prosecutor.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信