TINJAUAN PUTUSAN PERKARA NOMOR : 3096 K/PID.SUS/2018 DIKAITKAN DENGAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA

Abstract

This study aims to determine how the Review of Case Decisions Number:
3096 K/Pid.Sus/2018 is related to the Criminal Procedure Code. The formulation
of the problem posed is How is the case verdict Number: 3096 K/Pid.Su/2018
related to the Criminal Procedure Code and how is the concept of the ideal
decision in case decision Number: 3096 K /Pid.Sus /2018 related to justice.
This type of research can be classified in the type of normative research.
In this study, the focus is on studying legal synchronization, by comparing the
Criminal Procedure Code with Judges' Decisions. The approach taken includes
the literature approach. The data source used is secondary data consisting of
primary legal materials, secondary legal materials, tertiary legal materials. The
technique of collecting data from this research is the literature review method,
after the data is collected then it is analyzed to draw conclusions. The theory used
in this research is law enforcement theory and justice theory.
First Travel case verdict Number: 3096 K / Pid.Sus / 2018 is linked to the
Criminal Procedure Code, based on the Criminal Procedure Code, the assets are
returned to the rightful person, namely the First Travel congregation if the object
is confiscated for the state only items intended to be destroyed or damaged.
Therefore, the decision stating that the state has the right to seize the assets is not
in accordance with the Criminal Procedure Code.
Concept of Ideal Decisions in case decisions Number: 3096 K / Pid.Sus /
2018 in accordance with Law Number 48 of 2009 concerning Judicial Power
Judges must give decisions that are in accordance with the law from a sense of
public justice and require judges to understand the feeling of law and sense of
justice who live in society.
Keywords: Decisions, Assets, Fraud, Money Laundering, and the Criminal
Procedure Code