Legal Protection Against Status Determination of Suspects for Unpleasant Crimes After the Decision of the Constitutional Court Number 1/PUU-XI/2013

Setiawan, Peter Jeremiah and Nugraha, Xavier and Serfiyani, Citi Rahmati (2021) Legal Protection Against Status Determination of Suspects for Unpleasant Crimes After the Decision of the Constitutional Court Number 1/PUU-XI/2013. Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam, 6 (2). pp. 145-162. ISSN 2548-5679

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Abstract

The Constitutional Court has the authority to harmonize laws against the 1945 Constitution of the Republic of Indonesia. One of the decisions is regarding Article 335 paragraph (1) of the Criminal Code and Article 21 paragraph (4) of the Criminal Procedure Code, which are considered Contrary to Article 28D of the 1945 Constitution of the Republic of Indonesia. The Constitutional Court Decision Number 1/PUU -XI/2013 eliminates the phrase "unpleasant actions" because it is considered multi-interpretative and emphasizes subjectivity. In detail, after the Decision of the Constitutional Court Number 1/PUU-XI/2013, there are still pre-trial cases of determining suspects based on unpleasant acts. The formulation of Article 335 Paragraph (1) of the Criminal Code, which is used after the decision, requires the fulfillment of 2 (two) elements, namely "using violence" or "threats of violence". In each indictment, the phrase "unpleasant act" is considered a formal excuse. This writing aims to assess the application of the Constitutional Court Decision in legal practice. The legal method used is normative legal research. The author exerts a statute approach, conceptual approach, and case approach. The legal material is then analyzed using grammatical and systematic interpretation methods. Article 335 Paragraph (1) of the Criminal Code must be used cumulatively. Law enforcement of criminal acts of unpleasant acts cannot be retroactive. Under the Principle of Legality, or in Latin, Nullum Delictum Nulla Poena Sine Praviea Lege.

Item Type:	Article
Uncontrolled Keywords:	Determination of A Suspect, Unpleasant Deeds, Constitutional Court Ruling
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	PETER JEREMIAH SETIAWAN
Date Deposited:	24 Jan 2022 11:01
Last Modified:	31 Jan 2022 04:28
URI:	http://repository.ubaya.ac.id/id/eprint/41047

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