ANALISIS KEKUATAN HUKUM TERHADAP PUTUSAN HAKIM YANG TIDAK SESUAI DENGAN DAKWAAN DAN TUNTUTAN JAKSA PENUNTUT UMUM (Studi Kasus Putusan PN NO 37/Pid.Sus/2016/PN.Mlg)

The judgment of the judge handed down by the Judge in a criminal case is always accompanied by legal considerations. The legal considerations put forward by the Judge are based on examinations made in court. The process of examining criminal cases in court is based on an indictment prepared by the Public Prosecutor. This research formulates the issue Is the legal judgment by the judge in deciding the case that is not in accordance with the prevailing indictment, and whether the verdict that is not in accordance with the indictment or the claim has binding legal force. This research is a type of Normative Law research, using the legislation approach, the primary data collection technique is literature study. From the result of the research, it is found that the legal consideration by the judge in the decision of case No 37 / Pid.sus / 2016 / PN.Mlg is not in accordance with the indictment because the Public Prosecutor only accused the Defendant with Article 112 of Narcotics Law but did not indict Article 127 of Narcotics Law the trial proved that this defendant was a narcotics user and therefore should be charged with Article 127 of Narcotics Law and the decision which is not in accordance with the indictment or demand has a binding legal force that the judge's decision exceeding the claim can still be justified as long as the decision is still in harmony or has significant relevance to plaintiff's lawsuit as referred to SEMA Number 3 Year 2015. Suggestion, there must be a common perception between each sub-system within the criminal justice process, the need for training of prosecutors, especially in the case of making an indictment. The judge may be able to make progressive legal discovery in his judgment