Study of Suspended Prosecution (Geschorst) in Geschil Prejudicial Dispute for Criminal and Civil Settlement in Indonesia

Abstract

This article aims to examine the regulation of Prejudicial Geschil in investigating criminal cases, which involves a civil law element in the applicable laws and regulations, and the legal consequences of Prejudicial Geschil in criminal cases which involve civil law elements. The method used is a normative legal research method. The results show that Prejudicial rules in examining criminal and civil cases are regulated in the Criminal Code; Regulation of the Supreme Court Number 1 of 1956 concerning the Legal Relations between the Civil Court and the Criminal Court; Law Number 4 of 2004 concerning Judicial Power; Number 6 of 1992 concerning Settlement of Cases in the High Court; Supreme Court Decision Number 413 K/Kr/1980 dated August 26, 1980, and Number 129K/Kr/1979 dated April 16, 1980; and Supreme Court Decision Number 628 K/Pid/1984 dated July 22, 1985. Legal consequences of Prejudicial Geschil in criminal and civil cases where criminal cases are suspended until given verdict in the civil cases. Then the legal implications of Prejudicial Geschil in Police Investigations are that the investigation process is temporarily suspended/pending, as has been regulated in Article 81 of the Criminal Code and the Supreme Court Regulation Number 1 of 1956 concerning the Legal Relations between the Civil Court and the Criminal Court.