Analisis Putusan Hakim Peradilan Pidana terhadap Pencabutan Perkara Delik Aduan (Studi Putusan Mahkamah Agung No.1600 K/PID/2009)

Abstract

The arrangement of the complaint offense has been strictly regulated in the Book of the Law of Criminal Law Article 72-75 of the Criminal Code. Complaints that have been filed may be withdrawn if still within the grace period of 3 (three) months after the complaint is filed (Article 75 of the Criminal Code). Practice law in the Supreme Court ruling 1600 K/Pid/2009 Judge allows revocation of complaints that do not meet the provisions of Article 75 of the Criminal Code. The problem in this thesis is how the arrangement complaint offense under Indonesian criminal law and the legal consequences arising from the repeal of complaints that are not in accordance with the provisions of the Criminal Code, the legal basis for consideration of how the Supreme Court judges in the criminal complaint offense revocation case in the Supreme Court ruling. 1600 K/Pid / 2009. The method used in this thesis is a normative legal research is a study of the problem by looking at the source of the applicable regulations pertaining to the title of the criminal justice analysis of the judge's ruling against the revocation complaint offense cases. Legal provisions regarding the revocation of the complaint provides that the requirement that a complaint has been filed may be withdrawn if still within the grace period of 3 (three) months after the complaint is filed. Supreme Court Judge existing legal provisions in the Criminal Code by promoting legal purpose of restoring the balance that is due to the criminal act. The judges who handled the case in the decision No.. 1600 K/Pid/2009 judge has given consideration to the revocation complaint in excess of 3 months grace period does not refer to the provisions of article 75 of the Criminal Code. This is because more judges refer to: First: The purpose of the criminal law to restore the balance between the perpetrator and the victim because of the criminal act; Second: It has been doing peace between the perpetrator and the victim, the judge considered that peace contains a higher value, so if the case is discontinued it will lead to greater benefits; Third: To maintain individual relationships within social relationships, especially parties to the conflict are bound to the family relationship between the law and the law; Fourth: That the teachings of restorative justice that conflict is not simply a crime as a violation of the state and the public interest but also represent conflicts disrupted and broken relationship between two or more induvidu in public relations, then the judge must be able to facilitate conflict resolution satisfactory to unite the parties to the dispute.