DINAMIKA HUKUM PERTIMBANGAN HAKIM PADA TINGKAT KASASI ATAS PUTUSAN BEBAS (VRIJSPRAAK) (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 1466 K/Pid/2024)

The Indonesian criminal law system provides room for cassation appeal against acquittals after the Constitutional Court Decision 114/PUU-X/2012. However, the practice of its application still leaves various problems, as seen in the case of Gregorius Ronald Tannur. This research is important to examine the legal considerations of the judex juris towards the acquittal verdict (vrijspraak) handed down by the judex factie. The purpose of this research is to determine the ratio decidendi judex juris in cassation decision number 1466 K/Pid/2024 and to analyze the cassation decision. The research method used is normative juridical with statutory, conceptual, and case approaches. This study found that Constitutional Court Decision No. 114/PUU-X/2012 provides a valid and binding legal basis for prosecutors to file a cassation against an acquittal. Meanwhile, in Supreme Court Decision No. 1466 K/Pid/2024, although the acquittal was overturned, the Supreme Court did not apply Article 338 of the Criminal Code which is more relevant, thus showing that there are still errors in the application of the law. The implications of these findings show the urgency of improvement in the mechanism of judges' legal considerations and the need to strengthen the legal structure so that decisions are not merely legal formal, but also answer the sense of substantive justice of the community.
Keywords: Cassation, Acquittal, Judges' Consideration.