What Is Exception In Procedure Law? This Is Understanding, Applicability Time, Type, To Recent Examples
YOGYAKARTA In the realm of procedural law in court, the defendant is given time to submit an exception. The term appears as one of the series in the court process. Then, what is an exception?
In the Big Indonesian Dictionary (KBBI), the exception has some understanding, one of which is the tank or defense that does not mention the contents of the indictment (lawsuit), but contains a request that the court rejects the case filed by the plaintiff because it does not meet the legal requirements: in that case the defense filed a case -- to the prosecutor because the defendant was suffering from a mental illness.
In the pa-pekanbaru.go.id site, the exception was the answer submitted by the Defendant on the lawsuit filed by the Plaintiff. However, it should be noted that the exception was not related to the subject matter of the trial.
The exception was submitted for matters of formality. The Defendant also did not have to use this road for the subject matter of the case, but the exception could benefit him. The exception can be conveyed in writing or can be verbally.
The exception submission could be made when responding to a lawsuit from the Plaintiff during the first trial after mediation by the court failed.
However, when the Defendant is not ready to give an exception, the Panel of Judges will give another chance at the next trial.
In practice, the exception has three types, namely a processual exception, a Processual Exception Outside Competency, and a material exception. Each type has its own characteristics. The understanding of the three is as follows.
The exception of this process is based on the formal validity of a lawsuit or indictment. This condition was carried out with a request submitted by the Defendant to the court so that the lawsuit for him could not be accepted.
Quoted from Lawonline, this exception has several forms, namely the exception of an unauthorized Special Attorney, the exception of Error in Persona, the exception of Ne Bis In Idem, and the Libel Obscuur Exception.
The material exception was a request submitted by the Defendant to the judge that the judge examine the ongoing case because the argument for the lawsuit was not in accordance with civil law (material law).
As mentioned above, exceptions can be used to benefit the Defendant. One example of the latest exception is in a criminal case involving Ferdy Sambo, a defendant in a premeditated murder and obstruction of justice (OOJ) case at the death of Brigadier J.
After the Public Prosecutor filed his demands, the head of the defendant's legal advisory team immediately read out the exception to the Panel of Judges.
In a statement from the legal advisory team, it was stated that the indictment from the prosecutor was not careful, one of which was because it did not elaborate on the incident in its entirety.
In addition, the defendant's attorney also objected to the indictment from the prosecutor who was not careful and deviated from the legal provisions because the composition of the indictment was carried out by breaking the prosecution (splitsing) for one criminal case.
The exceptions presented cover many things. However, from the exception description, Ferdy Sambo's legal advisory team concluded that the Public Prosecutor's Indictment Letter was prepared in a vague manner (libel obscuur), not carefully, not clearly, and incompletely. The Plaintiff assessed that the condition had to be declared null and void by law.
That's information related to what the exception is. To get other interesting information, visit VOI.ID.