Putusan Pemidanaan, Putusan Bebas, Putusan Lepas dalam Perkara Pidana #hukum #lawyer #pidana

Summary

This video provides an in-depth explanation of the three main types of rulings a judge can issue in a criminal case: the guilty verdict, acquittal, and dismissal. The speaker outlines the legal processes involved, such as the presentation of evidence and the criteria for each ruling. A guilty verdict occurs when the defendant’s guilt is proven beyond doubt, while acquittal happens when evidence fails to meet legal standards. Dismissal occurs when the act is not considered a crime, or when there are legal justifications or excuses for the defendant’s actions. The video aims to clarify the differences and legal principles behind each decision.

Takeaways

• 😀 The three main types of judicial decisions in criminal cases are sentencing, acquittal, and release.
• 😀 A sentencing verdict occurs when the court confirms the defendant committed the crime and issues a punishment.
• 😀 The court must be convinced by at least two valid pieces of evidence before issuing a verdict of sentencing, as per Article 183 of the Criminal Procedure Code.
• 😀 An acquittal verdict is given if the defendant's guilt is not proven beyond a reasonable doubt.
• 😀 Acquittal can occur due to insufficient evidence or failure to prove essential elements of the alleged crime.
• 😀 The verdict of release occurs when the court finds the defendant's actions are proven but not classified as a criminal offense.
• 😀 The release verdict can apply to cases involving civil law or administrative law instead of criminal law.
• 😀 A defendant can be acquitted or released due to justifiable reasons like duress or self-defense (Article 48, Article 49 of the Penal Code).
• 😀 A defendant's mental incapacity can be used as an excuse for a release, as outlined in Article 44 of the Penal Code.
• 😀 Indonesian criminal law mandates that at least two pieces of evidence are needed to convict someone, as established in the Criminal Procedure Code.
• 😀 Judges consider both the occurrence of a crime and the defendant's involvement in it before making a ruling in criminal cases.

Q & A

What are the three main types of court decisions in criminal cases?

The three main types of court decisions in criminal cases are 'putusan pemidanaan' (punishment), 'putusan bebas' (acquittal), and 'putusan lepas' (release).

What does 'putusan pemidanaan' mean, and when is it issued?

'Putusan pemidanaan' refers to a punishment verdict, which is issued when the court finds that the defendant is guilty of the alleged crime, based on sufficient evidence.

What is the legal basis for issuing a 'putusan pemidanaan'?

The legal basis for issuing a 'putusan pemidanaan' is found in *Pasal 193 Ayat 1* and *Pasal 183* of the Indonesian Criminal Procedure Code, which require at least two valid pieces of evidence to prove the crime and the defendant's guilt.

What must the court prove in order to issue a 'putusan bebas' (acquittal)?

The court must prove that the prosecution has failed to establish the defendant's guilt beyond a reasonable doubt. This may happen due to insufficient or inconclusive evidence.

What is the legal reference for issuing a 'putusan bebas'?

A 'putusan bebas' is based on *Pasal 191 Ayat 1* of the Criminal Procedure Code, which states that if the court finds the evidence is not convincing enough to prove the defendant's guilt, the defendant is acquitted.

When is a 'putusan lepas' (release) issued by the court?

'Putusan lepas' is issued when the court confirms that the defendant committed the act but the act does not qualify as a criminal offense. It can also happen if the defendant's actions fall under civil or administrative law.

What does 'Pasal 191 Ayat 2' state regarding 'putusan lepas'?

'Pasal 191 Ayat 2' states that if the court believes the defendant's actions are proven but are not considered a criminal offense, the defendant should be released from all legal charges.

What are some examples of situations where 'putusan lepas' might be issued?

Examples of situations for 'putusan lepas' include cases where the defendant's actions involve breaches of contracts (civil law) or administrative violations, rather than criminal offenses.

What are 'dasar pembenar' (justification) and 'dasar pemaaf' (excuse) in criminal law?

'Dasar pembenar' refers to a legal justification, such as acting under duress or in self-defense. 'Dasar pemaaf' refers to an excuse, such as when the defendant is mentally incapacitated or suffering from a mental disorder.

How do 'dasar pembenar' and 'dasar pemaaf' relate to a 'putusan lepas'?

If the defendant's actions are justified or excused under the law, even if they committed the act, the court may issue a 'putusan lepas', meaning the defendant is released from legal consequences.