Analisis Yuridis terhadap Putusan Lepas (ONSTLAG) pada Kasus Tindak Pidana Penipuan (Studi Putusan Pengadilan Negeri Stabat Nomor 342/Pid.B/2021/PN.Stb, Putusan Pengadilan Negeri Padangsidimpuan Nomor 276/Pid.B/2014/PN.Psp.Sbh, Dan Putusan Pengadilan Tinggi Medan Nomor 424/Pid/2018/PT.Mdn)

Abstract

Judges are state judicial officials who are authorized by law to try. Judges in making decisions on cases they handle are still based on the applicable rules in the law and use considerations based on authentic evidence. The judge's decision is one of three possibilities, namely punishment or criminal imposition, acquittal and acquittal of all lawsuits. The decision to escape from all lawsuits should be handed down by the judge if all elements of the act against the criminal law are proven, but are not criminal acts. Free verdicts can be found in several criminal cases, one of which is fraud. Stabat District Court Decision Number 342/Pid.B/2021/PN.Stb, Padangsidimpuan District Court Decision Number 276/Pid.B/2014/PN.Psp.Sbh, and Medan High Court Decision Number. 424/Pid/2018/PT.Mdn, that the defendant was found guilty of committing no crime of fraud but not a crime. Based on this background, the problem in this research is how the legal provisions regarding acquittal decisions in the laws and regulations in Indonesia, how to analyze the imposition of acquittal decisions (Onstlag) in cases of criminal acts of fraud in the decision of the Stabat District Court Number 342/Pid.B/ 2021/PN.Stb, Padangsidimpuan District Court Decision Number 276/Pid.B/2014/PN.Psp.Sbh, and Medan High Court Decision Number. 424/Pid/2018/PT.Mdn and how legal remedies can be taken against acquittal decisions according to the laws and regulations in Indonesia. The purpose of this study is to find out the legal provisions regarding acquittal in the laws and regulations in Indonesia, to find out the analysis of the acquittal (Onstlag) in the case of fraud in the Stabat District Court Decision Number 342/Pid.B/2021/PN. Stb, Padangsidimpuan District Court Decision Number 276/Pid.B/2014/PN.Psp.Sbh, and Medan High Court Decision Number. 424/Pid/2018/PT.Mdn. and to find out the legal remedies that can be taken against acquittal decisions according to the laws and regulations in Indonesia. The research method is normative legal research. The nature of the research is descriptive analysis using a statute approach. The research data used is secondary data using primary legal materials, secondary legal materials and tertiary legal materials. The data collection technique was carried out by means of library research and the data collection tool used was a documentation study. The results of the research carried out obtained several conclusions about the legal arrangements for omission decisions (onstlag) in the laws and regulations in force in Indonesia. Juridical analysis on the decision of the Stabat District Court Number 342/Pid.B/2021/PN.Stb and the Padang sidimpuan District Court's decision Number 276/Pid.B/2014/PN.Psp.Sbh, the defendant was proven to have committed the act that was charged but was not a criminal act. . Based on the decision and after a juridical analysis that the decision was wrong because it ignored the facts and evidence that was revealed in court. Juridical analysis on the decision of the Medan High Court Number 424/Pid/2018/PT.Mdn, the defendant was proven to have committed the act that was charged but was not a criminal act. Based on the decision and after a juridical analysis that the decision was correct because the crime was not supported by a minimum of valid evidence. Against the off-lag decision which was decided by the panel of judges, there are legal remedies that can be taken according to the laws and regulations in force in Indonesia. The legal efforts are in the form of cassation or cassation for the sake of law.