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Act No. 22 1952

Original Language Title: Undang-Undang Nomor 22 Tahun 1952

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 85, 1952 SUBPOENAED PAPERS. DECISION PAPERS.

CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 22 IN 1952
ABOUT
REGULATIONS TO FACE POSSIBLE LOSS OF MAIL
THE DECISION AND THE COURT EXAMINATION PAPERS

PRESIDENT OF THE REPUBLIC OF INDONESIA,

.,,, weighed: that the need to be held by the laws of the Court of Justice or the missing cast of letters;
.,, weighed: that about this until now it is set in two rules, namely to 1 that is contained in Staatsblad 1854-39 juncto Staatsblad 1856-42, and to 2 that are contained in Staatsblad 1947-148, and should these two regulations be replaced with one more satisfying rule;

.,, Given: will section 89 and section 142 of the Provisional Constitution of the Republic of Indonesia;

With Approval
THE REPUBLIC OF INDONESIA ' S REPRESENTATIVE COUNCIL

Decided:


A. Revoking:
., a., a. regulations contained in Staatsblad 1854-39;
B. The rules are contained in the Staatsblad 1947-148.

B. Set the rules as follows:

LEGISLATION TO DEAL WITH THE POSSIBILITY OF LOSS OF DECISION LETTERS AND COURT VETTING PAPERS.


Section 1
., 1. If the original decision letter and something the Court of any cause is also missing, the decision must still be run or still need for its appeals, casings or clems, or it is necessary to be kept in the archive for 30 years accordingly with the Act concerned, then the valid derivative (authenticator) of the original decision letter is considered and stored as a genuine decision letter.
., 2. Anyone who has, or holds, or holds a legitimate derivative of the original decree, is required to submit that letter to the Court's order that has imposed the decree.
., 3. To the person who gives up a legitimate derivative of something a Court decision can be given at the request of a valid derivative letter from the intended derivative.
., 4. Whoever did not comply with the Court's orders in verse (2) was punished with a prison sentence of four months and two weeks, or a fine of at least six hundred rupiah.
5. The artificial means in, verse (4) is a crime.
., 6. That the original decree was indeed lost, must be stated by a letter of testimony made and signed by a Judge and a Court Panitera who dropped the decision, on oath of office.

Section 2
If there is no legitimate derivative of the original decision, but there are still records of case checks in a complete trial (proces-verbaal trial), then the Court's decision can be executed on the fit of the decision (dictum) of the decision. in the check note letter it.

Section 3
If in the case of a criminal record, a case of matter in a full hearing is not present, and the Court's decision is still to be run, then the device should be reexamined at the request of the Prosecutor from the Prosecutor in question, Unless the defendant may ask for reasons that may result in such a conjecation that with the loss of a proof tool, he will be severely harmed.

Section 4
If in the course of the Court's decision in the criminal case, which begins to run, but because there is no valid decree or derivative of the original decree or to the point of the original decision (uittrekselvonnis) so that it is not a valid decision. In any case, the number and timing of the expiration of the sentence, the judgment of the law, shall be due to the law, and upon the request of the prosecutor, after the trial of the law, and the judgment of the law, and the judgment of the law. holding an official designation (declaratoire beschikking) of sorts, amount and the timing of the end of that sentence.

Section 5
., 1. If and a matter of matter, and the case of the hearing, and the papers that are in question, the judgment is sent to the court, which should do this hearing, but in this court of any cause, There are no such letters, so the Court should be as clear as it may be, that the examination papers have been lost or that the Court is likely to be accepted by the Court.
., 2. If a Trial is intended in a paragraph (1) already exists, then this Court requests from a Court that decides its role in the first degree, a derivative of the original decision or derivative of that according to the section I paragraph (1) It's considered the original decision.
., 3. The courts of hearing-an appeal may order the Court first to conduct an examination of the equipment (aanvuflend onderzoek) of the accused and the witnesses, all with instructions. The court-the appeal.
., 4. After receiving the examination papers (aanvuuend onderzoek) the Court-appeals took the decision-appeals.
., in the case of the data, if the decision is not to be taken, then the decision of the Court in the first degree should be appealed to the Supreme Court's decision by the Court-the appeal in the designation.

Section 6
This law comes into effect on the day of the promulctest.

In order for everyone to be able to find out, order this Act with the placement in the State Sheet of the Republic of Indonesia.

.,, Dislocated in Jakarta,
on December 23, 1952
President of the Republic of Indonesia,

SUKARNO.

Minister of Justice,

LOEKMAN WIRIADINATA
Uninvited
on December 24, 1952

Minister of Justice,

LOEKMAN WIRIADINATA