LEGAL ANALYSIS OF THE CANCELED INDICTMENT ANALISIS HUKUM TENTANG SURAT DAKWAAN YANG DIBATALKAN Section Articles

Abstract

The indictment occupies a central and strategic position in the examination of criminal cases in court, therefore the indictment is very dominant for the success of the prosecution task. The public prosecutor must guard and defend the indictment. The purpose of this study was to find out and analyze the factors causing the indictment to be canceled. This type of research is normative with a statutory approach. The data used is secondary data consisting of primary and secondary legal materials. An indictment that was canceled in terms of the Criminal Procedure Code is a factor that causes an indictment to be canceled if there is a discrepancy between the indictment and the charges and the indictment does not meet the material requirements of an indictment, namely if it does not contain an accurate, clear and complete description of the crime being charged by mentioning time and place where the crime was committed. For this reason, it is recommended that the public prosecutor make a lawsuit carefully.