PLEASE FOR CASSATION CANNOT BE ACCEPTED IF THE DECISION THAT ACCEPTS THE DEFENDANT IS A PURE ADMISSION

In the legendary corruption case with the defendant Raden Sonson Natalegawa, the Supreme Court (MA) has presented the rule of law that “if it turns out that the court decision acquitting the defendant is an acquittal in its pure nature, then according to the provisions of Article 244 of the Criminal Procedure Code, the cassation request must be declared not acceptable”.

Furthermore, in the event that the acquittal is not pure acquittal, the Supreme Court must accept the cassation request. The Supreme Court’s decision eventually became a land mark decision and was used as a reference for almost every cassation submission in an acquittal.

–> Supreme Court Decision No. 275 K/Pid/1983.

Source:
Mohammad Askin’s article published in Varia Judicial No. 314, January 2012, page 24.14:31

Best regards
Fredrik J. Pinakunary