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ACT 22-1952 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 85, the COURT'S EXAMINATION of the letters 1952SURAT. DECISION LETTERS.
Law of the Republic of INDONESIA number 22 in 1952 ABOUT REGULATIONS to DEAL with the POSSIBILITY OF LOSING the DECISION LETTER and the letters of the PRESIDENT of the REPUBLIC COURT EXAMINATION,.,, Considering: that need regulation on the decision letter of the Court or the letters pemeriksaannya are missing;
.,, Considering: that this problem until now regulated in two regulations, namely to 1 that is contained in the Staatsblad 1854-1856 Staatsblad juncto 39-42, and 2 contained in the Staatsblad 1947-148, and preferably two regulation is replaced by a single regulation that is more satisfactory;
.,, Remember: will article 142 and article 89 of the Constitution While the Republic of Indonesia;
With the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA Decides: a. Unplug:.,, a. regulations contained in the Staatsblad 1854-39;
b. the regulations contained in the Staatsblad 1947-148.
B. set the rules as follows: the legislation to DEAL with the POSSIBILITY OF LOSING the DECISION LETTER and letters of COURT EXAMINATION.
Section 1., 1. If the original decision letter and something the courts from any cause were also missing, while the decision was still to be running or still need to examination-appeal, cassation or pardons, or need to be stored in the archive for 30 years in accordance with the legislation in question, then the derivative is valid (authentik) Decree that deemed original and saved as the original decision letter.
., ,2. Anyone who has will keep or hold a legitimate derivative it's original Decree, are required to submit a letter that the derivatives on the orders of the Court dropped that decision.
., ,3. To the person who submitted valid derivative of something the Court can decree given on his request letter of derivatives on derivative of the said letter.
., ,4. Anyone who intentionally violated the court order set forth in paragraph (2) punished by imprisonment extended four months and two weeks, or a maximum fine of six hundred dollars. 5. The Act referred to in subsection (4), is a crime.
., ,6. That the original decision was correct letter missing, should be expressed with a certificate that is created and signed by a judge and a court clerk who dropped that decision, on the oath of Office.
Article 2 if there is no derivative of the original decision was legitimate, but there are still proceeding in the Notes mail session is complete (proces-verbaal hearing), then the decision of the Court can run lean over the record of decision (dictum) yan is contained in a letter that the inspection records.
Article 3 If the criminal proceeding note letter in full trial that did not exist, that court decisions are yet to be executed, then the matter should be examined again at the request of the Prosecutor of the Attorney in question, unless the defendant can ask the reasons that can cause persangkaan that with the loss of evidentiary tool, it will be greatly harmed.
Article 4 If in the exercise of a court decision in criminal cases, which started to run, but because there is no longer a legitimate derivative or the Decree letter of the original decision or the decision of the original passage (uittrekselvonnis) giving rise to doubt about the amount and timing of sorts, the end of the sentence that has been running it, then the Court is concerned because his Office or at the request of the Prosecutor or at the request of Penal , after holding an examination, can hold an official designation (declaratoire beschikking) of sorts, the number and time of end of the punishment.
Section 5.,, 1. If something matters and requested the examination of appeals and letters explain examinations in question had been submitted to the Court, which should do a self-examination this appeal, this Court, however, from any cause is also not there are letters that, then this Court should selekas might specify, that examination papers had been lost or very few likely will still be received by the Court it.
., ,2. If the determination of the Court as intended in paragraph (1) has been in existence, then this Court requesting from the Court which decided the matter in the first level, a derivative of the original decision or a derivative of that, according to article I, paragraph (1) is considered it's original decision.
., ,3. Court of appeals-checks can be ordered to the Court of first instance to hold the inspection equipment (aanvuflend onderzoek) against the defendant and his witnesses, all of them with the instructions of the Court-appeal it.
., ,4. After receiving the letters of inspection equipment (aanvuuend onderzoek) Court-appeal-appeal decisions.
., In the matter of civil liability when the decision-appeal cannot be retrieved, then the decision of the Court in the first instance it should be requested by a court decision the Supreme Court of appeals in an assignment.
Article 6 this Act comes into force on the day of promulgation.
So that every one can know it, ordered the enactment of this legislation with the placement in the State Gazette of Republic of Indonesia.
.,, Enacted in Jakarta on 23 December 1952 the President of Indonesia, SOEKARNO.
The Minister of Justice, LOEKMAN WIRIADINATA Enacted on 24 December 1952 the Minister of Justice, LOEKMAN WIRIADINATA
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