Putusan Ultra Petita Dalam Perkara Pidana

Kusumaningrum, Rosalia Devi (2017) Putusan Ultra Petita Dalam Perkara Pidana. .. pp. 1-11. ISSN .

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Abstract

The criminal justice system is simply a process carried out by the state against those who violate the criminal law. Judges in general courts have the authority to examine, to judge and to decide the case in accordance with the provisions of the applicable legislation. Examination of the trial should be based on the indictments. In fact, there are some decisions handed down by the judge outside the chapter indicted by the public prosecutor. The verdict which is not charged by the public prosecutor can cause so many controversy, which is why the judge's ruling in ultra petita can be arised in criminal justice. The objective of this research is to determine the criminal law expert opinion regarding ultra petita ruling in a criminal case and to know the basic consideration in the judge ruled by ultra petita in a criminal case. The type of this research is a legal normative research, which including reviewing on the applicable norms or focusing on the positive legal norms in the form of legislation related to the ultra petita ruling in a criminal case. The results of the study is that the type of criminal procedural law ruling in ultra petita is not allprohibited, it’s still allowed only if it has to be observed under the applicable law and regulations.

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