Analisis Putusan Pengadilan Negeri Jambi Nomor 516PID.B2019PN.JMB Ditinjau Dari Prinsip Ultra Petita

Darmawan, Defarai Qarima and Firmansyah, Hery (2022) Analisis Putusan Pengadilan Negeri Jambi Nomor 516PID.B2019PN.JMB Ditinjau Dari Prinsip Ultra Petita. Jurnal Hukum Adigama, 5 (1). ISSN E: 2655-7343, P: 2747-0873

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Abstract

The judge in deciding a criminal case must be based on the indictment of the public prosecutor and everything that is proven at trial. The problem faced in the research is how the ultra petita limit in imposing criminal sanctions by judges and how the Jambi District Court Decision No. 516/Pid.B/2019/PN.Jmb analyzes the ultra petita theory. The research method used is normative juridical law research. The results of the study indicate that the ultra petita limit in imposing criminal sanctions by judges is that it must not exceed the maximum threat of the article charged, it is not allowed to give a criminal decision whose type of crime has no reference in the Criminal Code, or criminal regulations outside the Criminal Code and the sentencing decision must give consideration suf iciently evidence-based. Jambi District Court Judge Number 516/Pid.B/2019/PN.Jmb has given an ultra petita decision, in which case the Public Prosecutor in his indictment demands a sentence of 10 years in prison for the defendant with a reduction while the defendant is in prison. in detention based on his order that the accused remain in detention. However, the Panel of Judges tried and sentenced the defendant for 12 years. In this case, the judge has decided on the case and sentenced him to imprisonment in accordance with the maximum penalty in the Criminal Code. There must be a normative regulation regarding the existence of ultra petita decisions that may be made by judges.

Item Type: Article
Subjects: Jurnal
Divisions: Fakultas Hukum > Ilmu Hukum
Depositing User: fh perpus
Date Deposited: 28 Mar 2023 04:40
Last Modified: 28 Mar 2023 04:40
URI: http://repository.untar.ac.id/id/eprint/39144

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