Kewenangan Hakim Judex Juris dalam Merubah Putusan Diluar Dakwaan pada Tingkat Kasasi dalam Perkara Narkotika (Studi Kasus Putusan Ma 2633 K/Pid.Sus.2020)

Abstract

Judicial power is a pillar of support in a legal state. Judicial power is required to be free or independent from anyone's influence. To test the limits of a judge's independence in making decisions, it is necessary to have an in-depth study normatively and synchronistically between the law in the normative realm and in its enforcement. Law No. 8 of 1981 concerning the Criminal Procedure Code (KUHAP) which has been regulated in determining the limits for judges in exercising their authority. In case 2633 K/Pid.Sus/2020, the problem in this thesis is the Legal Rules for Judex Juris judges, in particular in deciding a criminal case outside of indictment? What is the authority of a Judex Juris Judge in deciding cases in Indonesia? As well as a Juridical Analysis of the Supreme Court Decision 2633K/Pid.Sus/2020? regarding the decision of the first instance court at the Rantau Parapat District Court, the defendant Arifin Nasution alias Bandrek has been charged by the public prosecutor with alternative charges consisting of article 114 Paragraph (1) and article 112 paragraph (1) of Law Number 35 of 2009 concerning Narcotics and have been decided by the first level case examiner panel of the District Court in Decision No.556/Pid.Sus/Pn Rap, this has changed in At the Cassation Level, where the Judex Juris Judge or at the Cassation Level gives a different opinion and finally imposes a sentence that is outside of alternative charges one and two of the Public Prosecutor, imposing a sentence taking into account narcotics abuse in article 127 paragraph (1) letter a of Law Number 35 of 2009 regarding Narcotics, this research will be structured as a normative juridical research type, and has descriptive analytical characteristics, namely legal research that uses secondary legal data sources. Judge Judex Jurist decided based on articles that were not charged by the Public Prosecutor in general, contrary to Article 182 paragraph (4 ) Criminal Procedure Code. However, the judge handed down a decision outside the indictment in accordance with the jurisprudence that the judge can declare the defendant guilty based on a similar article which is lighter in nature and aims to find the real truth. So the Juridical Analysis of decision 2633 K/Pid.Sus/2020. is still valid as long as legal action is not filed.