Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-10 | 609-614
Original Research Article
Legal Reconstruction of Expired and Ne bis in idem Prosecution Authority in Criminal Code Based on Justice Value
Nurmalah, Gunarto, Sri Endah Wahyuningsih
Published : Oct. 12, 2021
Abstract
The main problem discussed in this research is to find out What Are The Weaknesses Of Expired And Ne bis in idem Prosecution Authority In Criminal Code and How Is The Legal Reconstruction Of Expired And Ne bis in idem Prosecution Authority In Criminal Code Based On Justice Value and this problem are researched using the socio-legal research method which relies on the qualitative data obtained by the author in the field where the results are processed using data triangulation to obtain relevant and accurate analysis. The results of the study shows that the factors that Both the expiry provisions stipulated in Articles 78 to 81 of the Criminal Code and the principle of ne bis in idem which are included in Article 76 (1) of the Criminal Code have not been able to meet the value of justice due to the lack of a specific elaboration regarding the reasons that became the basis for the abolition the right of criminal prosecution and the abolition of the authority to prosecute the crime of murder because in the perspective of the expired contained in Criminal Code, it can abort criminal prosecution. Because of this problem, A Legal Reconstruction is needed. as proposed by the author which focuses on two Elaborating the grace period as the reason for the abolition of authority according to the criminal code in the Criminal Code as seen in Article 78 of the Criminal Code.