CRITICAL ANALYSIS OF STATE COURT DECISIONS NUMBER: 49/PID.B/2021/PN. NGA RELATED TO THE ARTICLE 378 JO. ARTICLE 55 PARAGRAPH (1) OF THE CRIMINAL CODE

Abstract

Law enforcement problems in Indonesia are often characterized by dissatisfaction with legal subjects when the law is being operationalized from the initial stage to the finalization of the law itself. Because the problem of law enforcement in Indonesia is still very thick with the color that law enforcement has not been implemented, law enforcement is only here and stops at the entrance of legal regulations without wanting to go deeper into the real world of law. Legislation is very thick with a political flavor, so that it will affect the achievement of the ideals of a very laudable goal, namely law enforcement, which can only rely on the mere form of enforcing written regulations. This type of research is normative juridical law, namely a research approach that aims to describe the facts or symptoms that are the material or object of the research. Inquiry and investigation efforts should be carried out carefully and carefully, so that in the end the true truth and error can be found.