The Juridical Analysis on the Breaching of the Principles of Lex Posterior Derogat Legi Priori in the Decision Number 3/PID.SUS/A/2015/PN.CN in Conjunction with the Principles of Rule of Law

Abstract

On March 15, 2015 the assaults against members of Cirebon city police carried out by members of a motorcycle gang is known as a student and underage named ALDO REWITZ Stevan, during the crime was still 16 years old. In the demands of the public prosecutor charged the defendant with Article 170 paragraph (2) 1st Criminal Code and subsection 365 (2) Penal Code. The judges in the verdict impose imprisonment for 3 months and 15 days. Basic legal considerations Cirebon District Court panel that is by using Law No. 3 of 1997 on Juvenile Court, the Juvenile Court Act is no longer valid with at Law 11 Year 2012 on Child Criminal Justice System. Assembly District Court Judge Cirebon has violated the fundamental principles of the criminal law, namely the principle of non-retroactivity and the principle of lex posterior derogat legi priori is by using Law No. 3 of 1997 on Juvenile Court. Based on the background above, the problem to be studied in the research of this thesis is as follows: 1. What are the legal consequences of the decision of the judge who breaks the principle of lex posterior derogat legi priori that? 2. What are the legal considerations of the judge in the decision?. The method used in this research is normative juridical approach, i.e. testing and reviewing secondary data, that the principles contained in the legislation relating to the Juridical Analysis Against Breaching Principle of Lex posterior derogat legi Priori In a Decision 3/Pid/Sus /A/2015/PN.CN Associated With Legal Certainty principle. As a result of the decision of the District Court Cirebon No. 3/Pid.Sus/A/2015/PN.CN that use Law No. 3 of 1997 on Juvenile Justice which has been revoked and is no longer valid is null and void because it does not qualify verdict sentencing contained in Article 197 paragraph (1) Criminal Procedure Code, especially at points f. In its legal considerations, Cirebon District Court panel did not specify why the Law No. 3 of 1997 on Juvenile Court that are no longer used as a valid legal considerations in deciding in this case. Make legal effort reconsideration or an appeal in the interest of law. criminals or their heirs can file an review to the Supreme Court through Cirebon District Court and an appeal in the interest of law filed by the Attorney General on the basis of law for the sake of future Cirebon District Court's decision does not become a bad precedent in the future.