The Upheaval That Happened in the Judge's Decision Returning Evidence to the Public Prosecutor for Use in Other Cases

Dani Karolustiawan Daulay

Abstract


The purpose of this research is toexplain the formulation regarding the return of evidence in the Criminal Procedure Code and analyze what upheavals can occur in the judge's decision to return evidence to the public prosecutor to be used in other cases if the case has not been investigated. This study uses an approach normative juridical which in this case relates to the judge's decisionreturn evidence to the public prosecutor to be used in other cases, while the case has not yet been investigated, using descriptive analytical research specifications. The data used are primary, secondary, and tertiary data which will be analyzednormative qualitative. Research problems are analyzed using the theory of legal certainty, theory of proof according to law in a negative way, and several principles of criminal law. The results of the study concluded that:upheaval that can occur in a Judge's Decision that returns evidence to the Public Prosecutor to be used in other cases even though the other case does not yet exist, namely: a. The judge did not implement the provisions in Article 46 paragraph (2) of Act No. 8 of 1981, because there is no relationship between the evidence and the Public Prosecutor for the judge's decision to return the evidence to the Public Prosecutor for use in other cases while the other case does not yet exist . b. Upheaval that could occur in delaying the implementation of the decision, because it is possible for legal action from both the defendant and the public prosecutor related to evidence. c. The Judge has intervened in the Investigation through the Judge's decision, by submitting evidence to the Public Prosecutor to be used in other cases while the other cases do not yet exist. So, a synchronization is needed between law enforcement officials regarding the implementation of the provisions of Article 46 paragraph 2 of the Criminal Procedure Code, so that legal certainty can be created.

Keywords


Decision; Evidence; Judge.

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References


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DOI: http://dx.doi.org/10.30659/rlj.1.4.%25p

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