IMPLIKASI YURIDIS BAGI PELAPOR UPAYA HUKUM KASASI TERHADAP PUTUSAN BEBAS DI TINGKAT PENGADILAN NEGERI

Abstract

The purpose of writing is to find out and analyze the legal basis for the possible legal appeal of the appeal against a free decision. Besides that, it is also good to find out and analyze the legal implications of the legal appeal process on the acquittal. This activity uses a type of normative juridical activity that originates from primary, secondary and tertiary material, which is analyzed qualitatively by describing descriptively the relevant data results and observing cases. Republic of Indonesia Number: M.14.PW.07.03 and the jurispridence of the Nata Legawa case, MA ruling Number: 275 K / Pid / 1983 and the truth, then a free verdict can be requested based on the principle of legal discovery by the judge. In addition, a judicial analysis of the appeal of the appeal against the acquittal may result in null and void because it is based on the Minister of Justice's decision which contradicts the higher laws in the hierarchy of legislation as regulated in the lex superior derogat legi imperiori principle.