YOGYAKARTA - One of the defendants in the murder case of Brigadier J, Ricky Rizal will make an appeal. The party wanted to file an appeal because the DKI Jakarta High Court still upheld the verdict of the court of first instance with a sentence of 13 years in prison
"We will appeal the decision," said Bripka Ricky Rizal's attorney, Erman Umar, to reporters, Wednesday, April 12.
PT DKI Jakarta's decision was considered heretical because it only continued the South Jakarta District Court's decision. Where based on assumption without considering the facts and evidence revealed during the trial level one.
"That is based on assumptions that ignore the facts and evidence from the trial. In my opinion, for the defendant Ricky Rizal, this is a misguided trial," said Erman.
So, what is cassation? Check out the full explanation below.
What is Cassation Legal Remedy
In the Great Indonesian Dictionary (KBBI), cassation is an annulment or invalid statement by the Supreme Court (MA) against a judge's decision because the decision violates and is not in accordance with statutory regulations.
This definition is in accordance with Article 88 of the Criminal Procedure Code (KUHAP). The regulation states that the Supreme Court has the authority to try all criminal cases for which cassation is requested.
From the explanation above, it can be concluded that cassation is an effort for parties who are dissatisfied with the decision of the appellate court or the High Court
According to Article 44 paragraph (2) of the Supreme Court Law (UU MA), a request for cassation in a criminal case can be filed by the defendant or his representative (legal attorney) or the public prosecutor.
Cassation can be filed when the applicant has used appeals, and can only be filed once for the same case.
Submission of Cassation in Criminal Cases
All criminal decisions of the High Court can be appealed for cassation, provided that the acquittal is against the verdict.
Article 245 of the Criminal Procedure Code states that a request for cassation must be submitted to the clerk of the court of first instance within 14 days after the court decision is known to the defendant.
If within 14 days the cassation is not filed, then all parties are deemed to have accepted the decision. That way, the decision is deemed to have permanent legal force (inkracht), and can be implemented.
In addition, the applicant for cassation must also file a memorandum of cassation. This is a document that contains reasons for an appeal to the Supreme Court.
The memorandum of cassation must be given within 14 days after filing the cassation. Next, a copy of the cassation memory is submitted by the clerk to the opposing party.
The opposing party has the right to file a counter in response to a cassation memory.
Cassation Decision in Criminal Cases
According to Article 253 of the Criminal Procedure Code, the Supreme Court's cassation examination aims to determine:
- Is it true that a legal regulation has not been applied or applied improperly;
- Is it true that the trial method was not carried out according to the provisions of the law;
- Is it true that the court has exceeded the limits of its authority
Next, the Supreme Court can grant or reject the cassation request, as follows:
- If the cassation request is granted, the Supreme Court cancels the court decision for which the cassation was requested.
- In the event that a decision is annulled because the legal regulations are not applied or applied improperly, the Supreme Court will try the case itself.
- In the event that a decision is annulled because the way the trial is not carried out according to the provisions of the law, the Supreme Court shall determine accompanied by instructions so that the court that decided the case in question examines it or based on certain reasons the Supreme Court may determine that the case is examined by a court of another level.
- In the event that a decision is canceled because the court or judge concerned is not competent to try the case, the Supreme Court shall determine another court or judge to try the case.
This is information about what is a cassation legal effort. Hopefully, this article can add insight to loyal VOI.ID readers.
The English, Chinese, Japanese, Arabic, and French versions are automatically generated by the AI. So there may still be inaccuracies in translating, please always see Indonesian as our main language. (system supported by DigitalSiber.id)
