PENUNTUTAN GANTI KERUGIAN MENURUT KUHPERDATA DALAM HUBUNGANNYA DENGAN PASAL 77 KUHAP

Abstract

This study aims: 1) To find out and understand the form of Claim for Compensation according to the Civil Code in relation to Article 77 of the Criminal Procedure Code, 2) To find out and understand how to submit a claim for compensation for errors in arrest, detention and termination of investigation or prosecution. To determine empirical data on claims for compensation, the author conducted research in Wanggudu District, North Konawe Regency. The location was chosen because in Wanggudu District, there are still frequent claims for compensation. This study uses an approach method by analyzing descriptive quantitatively, namely the collected data is presented in a logical and systematic form that connects existing facts with various applicable regulations. The results of this study indicate that: 1) the form of claim for compensation by the victim due to a criminal act that is an unlawful act, then the victim can file a claim through a pretrial motion and the result is if the pretrial judge's decision states that the victim has been treated with incorrect procedures then the form of claim must be made through civil procedural law to request accountability for procedural errors made by officers on the grounds that the victim can claim compensation due to errors in arrest, detention, prosecution, trial of the person or if other actions are taken without reason based on the Law or because of an error regarding the person or the law stipulated to claim compensation civilly through the district court, 2) the way to file a claim at the clerk's office, then on the same day the clerk or appointed official submits the request letter to the chairman/deputy of the District Court who must immediately appoint a Judge who will examine the case who, if possible, has tried the case or to the pretrial judge if the case has not been submitted to the Court (Article 77 of the Criminal Procedure Code).