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NURUL DESSY ARDIANI
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WITHDRAWAL OF THE REQUISITOIR BY THE PUBLIC PROSECUTOR IN THE CASE OF THE CRIME OF DOMESTIC VIOLENCE PERPATRATED BY VALENCYA (Case Study in the Attorney General's Office of the Republic of Indonesia)
Abstrak (Bhs. Indonesia)
A letter of claim (requisitor) is a text or letter that contains a description of the Public Prosecutor regarding the results of the examination of a criminal case in a court session regarding evidence based on the indictment, accompanied by a criminal charge against the defendant if the defendant is judged to have been proven guilty of committing the crime charged. However, the withdrawal of the claim by the Public Prosecutor is not regulated by Indonesian regulations. This study discusses the basis for withdrawing a letter of demand by the Public Prosecutor in the case of a criminal act of domestic violence committed by Valencya and the withdrawal of a letter of demand by the Public Prosecutor in the case of a Criminal Act of Domestic Violence committed by Valencya is the application of the dominus litis principle. This study uses a normative juridical approach and a case approach, the specification of the research is prescriptive analysis. The data sources used are primary data and secondary data, and the data collected is presented in a systematic description with qualitative analysis methods. The results of the study indicate that the laws and regulations in Indonesia regarding the withdrawal of a letter of claim are not regulated in the laws and regulations. However, this can be done by the Attorney General, the highest Public Prosecutor who controls prosecution cases in Indonesia. The Attorney General has a legal basis, namely Article 35 letter c of Law Number 11 of 2021, concerning the Attorney General of the Republic of Indonesia to apply the principle of opportunity in a case and the application of progressive law.
Abtrak (Bhs. Inggris)
A letter of claim (requisitor) is a text or letter that contains a description of the Public Prosecutor regarding the results of the examination of a criminal case in a court session regarding evidence based on the indictment, accompanied by a criminal charge against the defendant if the defendant is judged to have been proven guilty of committing the crime charged. However, the withdrawal of the claim by the Public Prosecutor is not regulated by Indonesian regulations. This study discusses the basis for withdrawing a letter of demand by the Public Prosecutor in the case of a criminal act of domestic violence committed by Valencya and the withdrawal of a letter of demand by the Public Prosecutor in the case of a Criminal Act of Domestic Violence committed by Valencya is the application of the dominus litis principle. This study uses a normative juridical approach and a case approach, the specification of the research is prescriptive analysis. The data sources used are primary data and secondary data, and the data collected is presented in a systematic description with qualitative analysis methods. The results of the study indicate that the laws and regulations in Indonesia regarding the withdrawal of a letter of claim are not regulated in the laws and regulations. However, this can be done by the Attorney General, the highest Public Prosecutor who controls prosecution cases in Indonesia. The Attorney General has a legal basis, namely Article 35 letter c of Law Number 11 of 2021, concerning the Attorney General of the Republic of Indonesia to apply the principle of opportunity in a case and the application of progressive law.
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