The judge's considerations in handing down an acquittal verdict due to the removal of the authority to prosecute the crime of adultery continue

Abstract

The aim of the research is to examine the judge's considerations in handing down an acquittal verdict as a result of the removal of the authority to prosecute the crime of continuing adultery. The research method used by sociological juridical is an approach based on norms. It is hoped that from this approach it will be possible to understand how the law, which is empirically a symptom of society, can be studied as a causal variable that causes consequences in various aspects of social life. The results of the research consider that the judge handed down an acquittal decision due to the removal of the authority to prosecute the crime of adultery. Continuing the legal facts, the defendant can be declared to have committed the crime of adultery in violation of Article 284 paragraph (1) letter a, Criminal Code in conjunction with Article 64 paragraph (1) of the Criminal Code. The panel of judges assessed that legal facts were revealed in the trial based on statements from witnesses submitted by the Public Prosecutor between 2017 and 2020, so the complaint submitted was on September 8 2021. According to the panel of judges, the complaint had exceeded the deadline for complaints. to file a complaint, the limit has passed as determined by Article 74 paragraph (1) of the Criminal Code. The defendant is released and cannot be prosecuted and cannot be punished because the right to sue is extinguished and the punishment is abolished