Jurnal Ilmu Hukum REFLEKSI HUKUM Edisi April 2012
143
TUNTUTAN BEBAS DAN PUTUSAN BEBAS
ADALAH MERUPAKAN HAK ASASI TERDAKWA
DALAM TINDAK PIDANA KORUPSI
Oleh : M. Haryanto 1
Abstract
Based on the content of Article 11 paragraph (1) the Universal Declaration of Human Rights and Article 17 of Law No. 39 of 1999, any person who is the defendant in a criminal case both general crime and the criminal acts of corruption without discrimination have a right to obtain an objective, fair, true and impartial.
Court decisions in an objective, fair, true and impartial, based on the principle of equality before the law and the presumption of innocent which is reflected in the choices of alternative decision based on the Criminal Procedure Code (Kitab Undang-Indang Hukum Pidana). There are 3 (three) choices of alternative decision: free, free from any lawsuit and acquittal.
By considering the choices of alternative decision related with the decision of the Criminal Code Article 11 paragraph (1) the Universal Declaration of Human Rights and Article 17 of Law No. 39 of 1999, it is known that free decision and free from any lawsuit decision are rights for each defendant. However, by observing the Circular of the Attorney General number: SE-001/JA/4/1995 Guidelines for Criminal Charges, Rights of the defendant in a criminal case is not respected and has been violated, as if the criminal has been entered in the agency attorney, then by Circular of the Attorney General will not allow another prosecutor to prosecute free decision or free from any lawsuit decision, but shall require the defendant was found guilty and convicted for the criminal.
Keywords : Tuntutan bebas, putusan bebas, hak asasi manusia.
1 Adalah Dosen Fakultas Hukum UKSW Salatiga, yang saat ini sedang mengikuti
