KEPASTIAN HUKUM DALAM PUTUSAN NOMOR 300/PID.B/2020/PN.BTM

The true purpose of law is to bring about certainty, justice and the usefulness of law. A judge's judgment in the Court ideally contains aspects of legal certainty, justice and utility. The problem often arises when the judge is more inclined to the basis of legal certainty, then it will suffer confusion when the written provisions can not be the answer to the problem that arises. Legal facts generally indicate a lack of public confidence in the judiciary, as one of the main factors is that the judgment does not reflect the value of legal certainty.
One of them is that contained in Decision No. 300/Pid.B/2020/PN.Btm where the judgment does not meet the elements contained by Article 197 paragraph (1) of the Criminal Procedure Law Book. In the Decision Number 300/pid. B/2020 / PN.F paragraph on Article 197 (1) of The Criminally Procedural Law Book which reads “the regulations of the laws that form the basis of the mediation or action and the provisions of the law which form the legal base of the verdict” is not fulfilled because in such a judgement does not explicitly mention which article of the Law No. 8 of 1981 on the Penal Proceedings Law that forms the legal basis of such a decision.
This type of research is normative jurisprudence that refers to the rules that exist in the regulations of the laws in force in Indonesia. The legal sources used in this research are the primary legal material contained in Decision No.300/Pid.B/2020/PN.Btm and Act No. 8 of 1981 on the Criminal Procedure Law. In this study it was found that the judgment should explicitly mention article 8 of Act No. 8 of 1981 in order to guarantee legal certainty and conform to legal purposes.