Legal Opinion of the Supreme Court of the Republic of Indonesia Nomor1045 K / PID.SUS / 2016 Date July 26, 2016

Abstract

The Supreme Court no longer examines facts and evidence. The Supreme Court only checks the interpretation, construction and application of the law against the facts determined by Judex facti. Because of this, the Supreme Court is called judex juris. In connection with this matter, several Supreme Court Decrees (jurisprudence) can be stated as follows: Decision of the Supreme Court of the Republic of Indonesia, dated 30 September 1975, Number: 75 K / Kr / 75: "Objection submitted to this type of punishment is unacceptable because it is the authority of Judex Facti which is not subject to cassation, except if another has been imposed than the one stipulated by the law "; Decision of the Supreme Court of the Republic of Indonesia, dated June 26, 1972, Number 15 K / Kr / 1970:" Measure of punishment is Judex's authority Facti which is not subject to cassation unless it exceeds the maximum limit "; Decision of the Supreme Court of the Republic of Indonesia dated January 17, 1983, Number 535 K / Pid / 1982, which states:" Regarding the size of the sentence is the authority of Judex Facti which is not subject to cassation, except Judex Facti imposes penalties that are not regulated by law, or does not give consideration to matters that are burdensome and alleviate punishment "; P the latest envoy on the issue of punishment at the cassation level, is the Decision of the Judicial Review of the Supreme Court of the Republic of Indonesia on 11 February 2008, Number. 22 PK / PID.SUS / 2007, with the Panel of Judges chaired by the Chair of the Supreme Court of the Republic of Indonesia. Mr. Dr. Harifin A. Tumpah, who expressly stated: "That even though in this case the sentence is a death sentence, the imposition of a sentence that is more severe than the sentence imposed by the District Court Verdict which has been deemed correct, violates the general principle Adhered to by the Supreme Court Jurisprudence, namely the severity of the sentence is not subject to cassation. "In connection with the above case it can be seen that the reasons for filing Cassation by the Cassation Appellant (Public Prosecutor) are not related to judex juris, so the Supreme Court should be rejected.