Year: 2024 | Month: April | Volume: 11 | Issue: 4 | Pages: 448-454
DOI: https://doi.org/10.52403/ijrr.20240450
Qualifications in the Decision to Release from All Charges (Onslag Van Rechtsvervolging) in the Online Social Gathering Criminal Case Study Decision No. 3562/PID.B/2021/PN MDN
Muhammad Rendi Akbar1, Kusbianto2, Ariman Sitompul3
1,2,3 Magister Of Law, University Of Dharmawangsa, Medan, Indonesia
Corresponding Author: Kusbianto
ABSTRACT
The problems in this study examined the case, namely the case of a loan guarantor who defaults, but is prosecuted and criminally decided in the court of First Instance, and the decision to release from all lawsuits in the case of Decision No. 3562 / PID.B / 2021 / PT.MDN. This study uses the type of normative research with case approach and legislation approach. The type of research used in this study is descriptive research. The problem approach used in this study is a legal case study. Source data obtained is secondary data The results of this study that if in a case of borrowing and borrowing, the reference point in civil law and criminal law is on the side of the agreement that binds both parties. In this study the act of the defendant who borrowed a sum of money to witness Wahyuni as the owner of the arisan qualification requirement is the act of the defendant who borrowed, but in general it is a legal act on debt and also under the provisions of Article 19 paragraph (2) of Law No. 39 of 1999 on human rights, no one in a court decision may be sentenced to imprisonment or confinement on the grounds of failure to fulfill obligations under the indebtedness agreement.
Keywords: Legal Certainty, Lending And Borrowing, The Justice System
[PDF Full Text]