ANALISIS YURIDIS TERHADAP SURAT DAKWAAN PENUNTUT UMUM YANG DINYATAKAN TIDAK DAPAT DITERIMA DAN AKIBAT HUKUMNYA

Abstract

Decision number 269/Pid.b/2020/Pn.Smr is a decision in a criminal case of theft of a motorbike and a cellphone along with a wallet committed by the defendant and Mr. Akbar. The main problem is why the public prosecutor's indictment was declared unacceptable by the judge and the legal consequences of the public prosecutor's indictment which was declared unacceptable by the judge. This study aims to analyze the application of the indictment by the public prosecutor based on positive Indonesian law. The research method used by the author is the normative legal method and is descriptive analytical in nature. Referring to the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law. The results of the study are that the public prosecutor in making the indictment did not meet the provisions of Article 143 paragraph (2) letter a of the Criminal Code, namely the formal requirements and the legal consequences of the indictment being declared unacceptable, so that the panel of judges ordered the public prosecutor to immediately release the prosecutor from the state detention center. that the position of an indictment cannot be denied in its preparation, so that it can result in the defendant being released from all charges or result in the cancellation of the indictment itself.

Keyword : Indictment, Legal Consequences of Indictment, Inadmissible.