Differences in free and free decisions in criminal law

In the criminal justice system in Indonesia, the defendant submitted to the court has the hope of getting justice. One of the final results of the trial process is the judge’s decision. However, not all decisions that benefit the defendant have the same implications.

Two types of decisions that are often confusing are free decisions and loose decisions. Although both of them led to the defendant’s not evidently, the basic and legal consequences were very different. This article will thoroughly explore the difference between free decisions and loose decisions, complete with legal basis, impact, and case examples in Indonesia.

Also read: Restorative Justice in Criminal Law: Understanding, Legal Basis, and Case Examples

The definition of a free decision in criminal law

The free verdict is the judge’s decision stating that the defendant was not legally proven and convincingly committed a criminal offense that was charged with him. In the free decision, the judge believes that the elements of the alleged criminal offenses are not fulfilled based on the facts and evidence submitted during the trial.

That is, the defendant was exempt from lawsuits because of the not fulfilling the provisions of the minimum prove the proof, namely by at least 2 (two) valid evidence and accompanied by judges’ beliefs.

Also read: Additional Crimes in Criminal Cases: Understanding, Types, and Case Examples

The definition of a freelance decision in criminal law

In contrast to the free decision, the freelance decision was the judge’s decision which stated that although the defendant was proven to have committed an act of being charged, the act was not a criminal offense.

The judge acknowledged the existence of an act committed by the defendant, but the act did not meet the criminal elements as stipulated in the laws and regulations. That is, the act is not a criminal offense, for example it is a field of civil law, customary law, or trade law.

Also read: Noodweer Defense in Criminal Law

Legal Basis for Free and Loose Decisions

The legal basis regarding free and loose decisions can be found in the Criminal Procedure Code (KUHAP):

Free Decision – Article 191 paragraph (1) of the Criminal Procedure Code

“If the court argues that from the results of the examination at the hearing, the defendant’s mistakes over The actions that were charged with him were not proven legally and convincinglyFor The defendant was decided by BebaS. “

Loose decision – Article 191 paragraph (2) of the Criminal Procedure

“If the court argues that the actions that were charged with the defendant were proven, however The act is not a criminal actFor The defendant was cut off From all lawsuits. “

Also read: Know the Pledoi: Defendant Rights in a Criminal Session

The main difference between the free and loose decision

The fundamental difference between the free decision and the loose verdict lies in the proof of criminal acts:

Also read: Recognize the term poging in criminal law

Legal Impact on Free and Loose Decisions

Although both freed the defendant from the sentence, the legal impact of the free decision and the loose decision had a significant difference:

1. Free Decision:

• The defendant was fully released and his good name was restored.
• The Public Prosecutor can no longer submit criminal claims for the same case (Bass ́u · On is he shothes.).
• Evidence that is not directly related to criminal offenses can be returned to the owner.

2. Loose verdict:

• The defendant was released from all criminal lawsuits for the case.
• Although the criminal can not be prosecuted for the same act, the defendant’s actions are still recorded.
• In some cases, civil demands may still be submitted if the defendant’s actions cause material losses for other parties.

Also read: Understand the term uitlokker in the offering of criminal acts

Examples of cases of free and free decisions in Indonesia

Examples of free decisions

On December 2, 2021, the Karawang District Court (PN) judges dropped a free decision on the defendant Valencya or Nengsy Lim, the mother in Karawang who was convicted for nagging her husband who was often drunk. Valency is not proven legally and convincingly as in the single indictment of the Public Prosecutor.

This decision is in accordance with the demands of the Public Prosecutor (Prosecutor) who demanded that the valence be free from all demands. Valencya was previously prosecuted for a year in prison. However, on the attention of the Attorney General, the demand was withdrawn and repaired. The prosecutor finally demanded that Valency be free from all demands.

Valenscya Dinnissed was not proven legally and convincingly to commit a crime of psychological violence in the household cover as Article 45 paragraph 1 jo Article 5 letter b of Law Number 23 of 2004 concerning the Elimination of Domestic Violence.

Examples of loose decisions

An activist held a demonstration that was considered to violate public order. The prosecutor demanded him with a criminal article related to order disruption. However, the judge argues that although the activist carried out a demonstration, the action was part of the freedom of opinion and did not meet the criminal elements of the order disruption referred to in the law. The judge then decided the defendant from all lawsuits.

Also read: Recognize the term samenloop in criminal law

Perqara has served more than 27,700 legal consultations

For legal issues related to criminal, perqara has handled more than 11.00 cases. There are hundreds of perqara advocate partners with special expertise in each of their fields such as employment, marriage and divorce, land, and many more. Thus, clients can consult other legal issues in accordance with the problems being experienced.

Online Legal Consultation in Perqara

If you have legal problems related to this problem, you can chat directly with professional advocates for free only in Perqara. Download the Perqara application now and get a free legal consultation to get the right legal solution anytime and anywhere.

Also Read: What Is Duarsis (Verjaring)? Understand the difference in criminal and civil law

(This article has been edited by the perqara editorial team)

Legal basis

1. Law Number 8 of 1981 concerning Criminal Procedure Law (“Criminal Code”).

Reference

1. Issha Harruma. “Examples of Criminal Cases with Free Decisions”. Accessed March 19, 2025.