Analisis yuridis terhadap ratio decidendi hakim mahkamah agung dalam membatalkan putusan judex factie yang tidak memuat surat dakwaan dan implikasinya terhadap status terdakwa dalam perkara pencemaran nama baik (Studi Putusan no. 607 k/pid/1985)

Oleh :
Budiaji Agung Wicaksono - E1106100 - Fak. Hukum

Abstract This research aims to find out how the ratio decidendi of supreme court’s judge is in canceling the judex factie verdict not containing accusation document and the implication of judex factie verdict to the status of the accused. This study belongs to a normative law research that is prescriptif in nature, with qualitative approach intended to comprehend the phenomenon about what the subject of research experiences. The type of data employed was the secondary one. The secondary data source employed included primary, secondary and tertiary law materials. Technique of analyzing data employed by the writer was the qualitative analysis one with an interactive model of analysis carried out by means of interaction, either among the components or by data collection process in the cycle-form process. Considering the discussion, two following conclusion can be drawn: firstly, the Ratio decidendi of Supreme Court’s judge in canceling the judex factie verdict not containing the accusation document includes: the Supreme Court in hearing the kasasi (appeal to the supreme court) to Bandung First Instance Court’s verdict overrides the examination process of Naga Budiman indictment that has not been completed both from the Police institution and Public Prosecutor Office, the result of Supreme Court’s examination on the premier accusation states that the accused remains to be considered as violating the Article 317 clause (1) of Penal Code. In such result of examination, the accused Naga Budiman deliberately files indictment or false information to the authority, both written or to be written about Benny S. Indradjaya so that his respect is attacked. Secondly, the implication of judex factie verdict canceled by the judge of Supreme Court because not containing the accusation document against the status of the accused, that the accused is stated evidently committing the good reputation vilification. It is as a result of the presence of cancellation for the sake of law over Bandung First Instance Court based on the Supreme Court’s examination on the kasasi with the decision number 607/K/Pid/1985.