Juridical Analysis of Denpasar State Court Ruling Number 453/PID.SUS/2020 Which Acquits Defendants of Banking Crimes In Perspective of Justice and Legal Certainty

Abstract

The Denpasar District Court Decision Number 453/Pid. Sus/2020 which acquitted the defendant of a banking crime does not provide justice and legal certainty. The formulation of the problem is how the law is applied to the perpetrators of banking crimes in the Denpasar District Court Decision Number 453/Pid.Sus/2020/PN Dps which acquitted the defendant of a banking crime in terms of the concept of legal justice. What is the concept of legal certainty regarding the Denpasar District Court Decision Number 453/PID.SUS/2020/PN Dps which acquitted the defendant of a banking crime. In line with what is the main topic of discussion in the thesis that the author presents, the type of research that will be used is Normative legal research. The results of the study indicate that the application of the law to the perpetrators of banking crimes in the decision Number 453 / Pid.Sus / 2020 / PN Dps which acquitted the defendant of the banking crime contradicts the testimony of witnesses, trial facts, and evidence presented in the trial and also contradicts the provisions of Article 55 of the Criminal Code, Article 183 of the Criminal Procedure Code and the provisions of Article 184 of the Criminal Procedure Code so that it does not provide justice and certainty. Conclusion The decision of the Denpasar District Court Number 453 / Pid.Sus / 2020 / PN Dps which acquitted the defendant of the banking crime, the panel of judges did not carefully consider the testimony of witnesses, evidence and trial facts so that this decision deviates from the concept of justice according to Aristotle and the concept of legal certainty according to Gustav Radbruch as well as the provisions of applicable law, namely Article 55 of the Criminal Code, Article 183 of the Criminal Procedure Code, and Article 184 of the Criminal Procedure Code.