Different Perspectives Between Prosecutors And Judges On Understanding Criminal Conjunctions Case Study Decision No. 463/Pid.B/2016/Pn.Bks

Abstract

Conjunctions of criminal acts in the Indonesian Criminal Code are regulated in Articles 63–71, Chapter VI on Conjuction (Concursus), Book One on General Provisions. That position makes this subject a basic in criminal law studies. Nevertheless, the practice still shows some disagreements between judicial actors. In the case study of Decision No. 463/Pid.B/2016/PN.Bks., the general prosecutors primarily charged the defendant with concursus realis in the Article 65 of the Criminal Code. However, the judges did not agree that the conjunction ever occurred because the submitted evidence came from other scenes, thus imposing the main criminal acts as in the subsidiary charge.