ANALISIS PUTUSAN MAHKAMAH AGUNG NO. 980 K/PID.SUS/2015 DALAM KAITANNYA DENGAN AFWEZIGHEID VAN ALLE SCHULD (AVAS)

Abstract

The principle of legality is fundamental principle that aims to ensure legal certainty. The legality princple governs the actions and sanctions. This principle should not be distorted and should be upheld. In fact in the High Court's decision no. 55/Pid/TPK/2014/PT.DKI jo. the decision of the district court no. 36/Pid.Sus/ TPK/2014/PN.Jkt.Pst in the verdict there are irregularities in the imposition of minimum penal sanctions as stipulated in law. while in the Supreme Court decision no. 980 K/Pid.Sus/2015 on the verdict has applied on the verdict has applied the reason for the abolition of the penalty that is the justification to release the defendant from any lawsuit (Ontslag van alle rechts vervolging). This study uses a normative juridical approach. Then the materials used primary legal materials and secondary legal materials. Furthermore, in the analysis using the method of deduction. For the result of the research and discussion, concluding that the case of Hendra Saputra sentences to 1 (one) year of criminal sanction is contradictory to the principle of legality, Hendra Saputra should have been free verdict (Vrijpraak) by considering the defendant as a tool only by his employer and no desire (mens rea) it is advisable for the panel of judges to apply the reason for the abolition of criminal acts outside the criminal code namely the excuse of the AVAS (Afwezigheid Van Alle Schuld / tanpasila) and free verdict (Vrijpraak) for the defendant and not the unanimous decision of all the lawsuit (Ontslag van alle rechts vervolging).