PENGABAIAN FAKTA-FAKTA PERSIDANGAN OLEH JUDEX FACTIE SEBAGAI DASAR PENGAJUAN KASASI PENUNTUT UMUM TERHADAP PUTUSAN BEBAS PERKARA PENGGELAPAN DALAM JABATAN (Studi Putusan Mahkamah Agung No. 1455 K / Pid / 2013)ud

摘要

BSTRACT Triastianto Nugroho. E0011318. 2015. NULLIFYING TRIAL BY FACTS JUDEX FACTIE AS THE BASIS APPEALS PROSECUTOR GENERAL OF DECISIONS INDEPENDENT POSITION IN THE CASE EVASION (Study of the Supreme Court Decision No. 1455 K / Pid / 2013). Thesis. Faculty of Law, Universitas Sebelas Maret Surakarta. The writing of this law aims to determine whether neglect the facts of the trial by Judex factie as the reason for the appeal of the public prosecutor against the acquittal in a case of embezzlement in the positions meet kaedah appeals and legal reasons the Supreme Court to examine and decide the appeal the prosecutor in a case of embezzlement in the post , The prescriptive normative research and applied. Source material is the law of primary legal materials and secondary law which uses literature study for data collection techniques. Meanwhile, legal materials analysis technique used is the method of deductive syllogism with patterns of thinking. Based on the results of the study concluded that the reason for the filing of an appeal by the Public Prosecutor on the basis of Judex factie not apply the rules of evidence by ignoring the facts of the trial in the form of witness testimony in a case of embezzlement in the position in accordance with the provisions of Article 253 paragraph (1) letter a Criminal Procedure Code, it is because in the first instance verdict Surabaya District Court ignored the fact that the trial evidence in the form of witness testimony in a case of embezzlement in office. The consideration judge in examining and deciding the appeal the prosecutor against the decision of Surabaya District Court in a case of embezzlement in the position is in conformity with what the duties and authority of the Supreme Court to create a unified application of the law by way of canceling the decision of the Court requested an appeal for the rule of law is not applied or not applied properly, then the Supreme Court to hear the case itself in accordance with Article 246 Jo Article 256 of the Criminal Procedure Code. Consideration judge in examining and deciding the appeal has met the elements of judgment juridical, philosophical and sociological. Keywords: Reason Filing Cassation, Law of Evidence, the Judge Considerations