PELAKSANAAN EKSEPSI OLEH PENASEHAT HUKUM DALAM PROSES PEMERIKSAAN PERKARA PIDANA KORUPSI DI PENGADILAN NEGERI SEMARANG DALAM

Putusan: 31/Pid.Sus-TPK/2022/PN.Smg

Abstract

The purpose of this study is to analyze the implementation, responses to exceptions by legal advisers or defendants in proving exceptions to the process of examining corruption cases at the Semarang District Court and Interlocutory Decisions on Exceptions of Legal Counsel in Decisions: 31/Pid.Sus-TPK/2022/PN.Smg criminal case corruption in the Semarang District Court.
The approach method in this writing is sociological juridical. The specification of this research uses analytical descriptive. Sources of data using primary and secondary data. Data collection techniques using document studies. To analyze the data, the researcher used a quantitative descriptive analysis method.
Based on the results of the study, it was concluded that the Implementation of Exceptions by Legal Counsel or the Defendant in the Corruption Criminal Case Examination Process at the Semarang District Court on the indictment of the Public Prosecutor, there are five reasons for the defendant or his legal adviser to submit objections or exceptions to the indictment (1) The Court has the authority to try the case ( 2) The indictment has fulfilled the formal requirements (3) is material so that it can be used as a basis for examining the case (4) Deciding that the trial of the case be continued (5) Suspending the calculation of the case fee. The Public Prosecutor's Response to the Exception submitted by the Legal Counsel or the Defendant in Proving the Exception of the Corruption Criminal Case Examination Process at the Semarang District Court, in this case the Public Prosecutor can take one of (1) Accept and justify the objection of the legal adviser. (2) Does not use the right to respond but leaves it to the panel of judges to decide. (4) Expressly refuse and submit responses along with reasons. Meanwhile, the form of Interlocutory Judgment against the Legal Counsel's Exception in the Decision: 31/Pid.Sus-TPK/2022/PN.Smg (1) The Defendant's actions using the assets of PT. Panca Jaya Mandira Cilacap regarding Project Credit, (2) the defendant had committed an unlawful act namely violating the provisions of Article 2 paragraph (3) letter a numbers 2 and 3 which resulted in non-payment of the remaining project credit. (3) The payment for the 4th term that the defendant has taken is for personal use, not to pay off project credit.
Keywords: Corruption Crime, Implementation of Exceptions, Examination of Cases