Analisis pengajuan kasasi penuntut umum terhadap putusan bebas pengadilan negeri Gianyar dalam perkara sumpah palsu dan pertimbangan hakim Mahkamah Agung dalam menjatuhkan putusan

Oleh :
Yudhika Alviana Ika Wardhani - E0005318 - Fak. Hukum

ABSTRACT This law research studies and answers the problem about the examination process and verdict of Public Prosecutor’s appeal plea in this case the Gianyar First Instance Court on the vrijspraak of Gianyar First Instance Court in the false oath case with the accused I Nyoman Rote and I Wayan Sudanta. The research aims to find out the basis of Gianyar First Instance Court’s appeal plea on the vrijspraak of false oath with the accused I Nyoman Rote and I Wayan Sudanta and to find out the Supreme Court Judges’ judgment in hearing and sentencing the Gianyar First Instance Court’s appeal plea on the vrijspraak of false oath with the accused I Nyoman Rote and I Wayan Sudanta. Based on the research, the writer concludes that the ground of the Gianyar First Instance Court’s appeal plea on the vrijspraak of false oath with the accused I Nyoman Rote and I Wayan Sudanta is that the Gianyar First Instance Court had sentenced the verdict in hearing and trialing the case “has misapplied the law”, because the false information in the accusation should be assessed objectively from what the victim encounters and it should refer to the civil verdict in Gianyar First Instance Court and the civil verdict of Supreme Court deciding that Ni Sadri is the legitimate goddaughter of the late I Wayan Tara and I Made Bakta, while in this criminal case the problem is whether or not Ni Made Sadri had conducted the child adoption ceremony the ceremony of which is adopted by Ida Pedanda Grya Kemenuh Beng Gianyar. The Chamber of Judge does not consider the witness’s information entirely so that in drawing a conclusion it gets a false conclusion as elaborated by the Public Prosecutor in verifying the element of Article 242 (1) KUHAP corresponding to the accusation. The basis of Supreme Court Judge’s judgment in hearing and sentencing the vrijspraak of false oath with the accused I Nyoman Rote and I Wayan Sudanta is basically that the reason proposed by the Public Prosecutor cannot be justified, because the judex facti has been appropriate and had not misapplied the law, moreover the Public Prosecutor cannot verify the impurity of Gianyar First Instance Court’ vrijspraak. The Supreme Court, based on its authority of overseeing, does not see that such verdict has been sentenced by the Gianyar First Instance Court by exceeding its authority limit, therefore the Solicitor’s /Requestor’s appeal plea based on the article 244 of Act Number 8 of 1981 (KUHAP) should be stated as not supported, because the Public Prosecutor’s plea is stated as not supported so that the accused is released and the case expense is imposed to the State.