ANALISIS PENERAPAN PRINSIP PREJUDICIEL GESCHILL DALAM PUTUSAN SELA PENGADILAN NEGERI BEKASI NOMOR: 1242/Pid.B/2018/PN.Bks Tanggal 19 November 2018
Abstract
The judge as the part that decides on the case plays a very important role in determining the
future of the law, because each judge's decision will become the center of public attention. The
judge does not only act as a mouthpiece of the law, but the judge also acts as the inventor of the
law (recht vinding). The exercise of the authority of judges in criminal proceedings in law
enforcement should uphold the principles that apply in the Criminal Procedure Code in court
and benefit justice seekers. in the development of criminal procedure law in Indonesia,
specifically regulating the postponement of criminal proceedings related to civil cases or socalled prejudiciel geschil in Indonesia, is regulated in Article 81 of the Criminal Code which
stipulates that "Postponement of criminal prosecution develops with judicial disputes, delays
expired ". However, if examined closely, it seems that the provisions of Article 81 of the
Criminal Code only link prayer disputes with expiration, but not explicitly which will take
precedence when civil and criminal cases are brought to court at the same time. The
unregulated court dispute has clearly made the legal vacuum (rechtsvacuum) related to
prejudicieel geschil, as well as lead to dualism in judicial practices in Indonesia.
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