Affidavit Sebagai Ratio Decidensi Putusan Onslag

Abstract

Introduction:  The content of the judgment stating that the accused has been proven to commit the alleged act, but it is not a criminal offense but rather a civil case, has deeply disappointed the customers of KSP Indosurya. One of the fundamental considerations of the judge in the onslag decision is the presence of an affidavit.

Purposes of the Research: The aim of this research is to examine the existence of the affidavit as the basis for the onslag decision.

Methods of the Research: This study employs a normative legal research method through a case and statutory regulation approach, which is then analyzed descriptively and analytically.

Results Originality of the Research: An affidavit, or a sworn statement verified, becomes evidence in court proceedings. The emergence of the affidavit is a manifestation of good intentions from KSP Indosurya, thus becoming the ratio decidendi in the judgment. The judge, in deciding the KSP Indosurya case, undoubtedly considers the legal objectives of justice, legal certainty, and utility. The basis for consideration due to the presence of the affidavit has undoubtedly achieved legal certainty, but the element of utility still needs to be questioned. The role of the judge in rendering a decision should not solely be based on the existence of evidence but should also involve a conscience that contributes partially. The role of conscience should be able to penetrate the reasons why the parties bring criminal claims to produce a clear and perfect result. The judge's decision should serve as a deterrent for cooperatives' mafia or potential mafia due to their malicious intent.