DETERMINATION OF THE ULTRA QUI JUDICAT ON JUDGE FREEDOM CONSTRUCTION

10.2478/bjlp-2022-001121

Abstract

the prohibition for judges to not sentence the defendant if the act is not described
carefully, clearly and completely in the indictment of the public prosecutor, it turns out that in
practice in court there are judges who deviate from the article charged by the public
prosecutor. The judge's action is called the ultra qui judicat principle, that is deviating from
what was charged. The main problem in this paper is about the meaning of the Ultra Qui
Judicat Principle and the Validity of Decisions in Criminal Cases. The main problems will be
analyzed using normative legal research methods using a case approach and data sources
from laws and regulations.The results of the study show that the concept of Justice must
include new legal norms in the provisions of Article 5 of the Law on Judicial Power, as well as
perfecting the types of punishment as stipulated in Article 191 paragraph (1), (2) and Article
193 paragraph (1) KUHAP and provide confirmation of the general explanation of the Criminal
Procedure Code. The current criminal law reform is very appropriate to do, based on the
principle of prioritizing justice over legal certainty, the Ultra Qui Judicat principle is specifically
used by judges in criminal cases