ANALISIS YURIDIS TERHADAP JUDEX JURIS DALAM MENERAPKAN HUKUM PADA KASUS KELALAIAN GURU YANG MENGAKIBATKAN KEMATIAN SISWA

Abstract

The Judge's decision is inseparable from mistakes and oversights. Mistakes and oversights can be corrected by implementing legal remedies. Judges at the District Court and High Court who act as Judex Facti have the authority to examine evidence from a case and determine the facts of the case, while Judges at the Supreme Court of Cassation level act as Judex Juris have the authority to examine the application of law to a case that has been carried out by Judex Facti. This research is a juridical normative research, with the nature of descriptive analysis research so that it can be analyzed qualitatively. The data collection technique was carried out by examining the Cassation Decision Number 767 K/PID/2018 and the Judicial Review Decision Number 62 PK/Pid/2019. This case cannot be said to be a criminal act of negligence, because according to legal facts before the trial it was stated that the teacher had given instructions to his students not to enter the swimming pool first, but there were several students who did not follow the instructions. So that the elements of negligence in Article 359 of the Criminal Code are not fulfilled. At the first level and review, the actions of the accused/convict are declared not guilty. However, at the cassation level, Ronaldo Laturette, S.Pd. proven guilty of committing the crime of negligence resulting in death and sentenced to imprisonment for 5 months.