Yuridical Analysis of Sequences of Legal Assembly Associated with The Writing of The Rights of Rights (Case Study Case No.545 K / Pid.Sus / 2013)

Abstract

Law enforcement in the context of eradicating corrupt crime is done extraordinarily with various changes in terms of legal substance and legal institution. The spirit in law enforcement efforts of corruption, need to pay attention to the laws and regulations, rights owned by suspects, and rights Human nature. The Supreme Court Decision Number No.545 K / Pid.Sus / 2013 on behalf of Miranda Swaray Goeltom who impose 3 years imprisonment reap the pros and cons among the community. This can be seen from one of the indictments of the public prosecutor (an alternative) containing charges that have been expired. The purpose of this study is to examine and understand the legal efforts of convicted parties to improve the decision and the reasons and considerations of the Panel of Supreme Court Judges in the decree of No.545 K / Pid.Sus / 2013. The research method in this thesis is analytical descriptive and using normative juridical research method. Data collection techniques were obtained through literature study by conducting an in-depth study of secondary data covering primary legal materials, secondary law materials, tertiary legal materials. Then the whole data is analyzed normatively qualitative. From this research, it was concluded that the defendant in the defense memo on the cessation examination believed that judge fact had erred and misapplied the law because the prosecutor's charges against the Corruption Eradication Commission regarding Article 13 of the Corruption Act had expired, At least the authors had researched from several Aspects of the terms of the indictment and the principles of good legislation. Both aspects have been violated because objectively should the indictment that has entered the expiration can not be executed anymore because passing the time and the sound legal basis which is considered by the judge on the expiration violate the principle of clarity of the formula according to Law Number 12 of 2011 on the Formation of Legislation.