PENERAPAN PASAL 1 AYAT (2) KUHP TERKAIT PASAL 335 KUHP DAN PUTUSAN MK NOMOR 1/PUU-XI/2013 (STUDI KASUS PERKARA SUTEDJO GUSTORO, AGUS BUDIONO DAN ABDUL HAKAM)

Transitoir principle is a principle which mandates the application of criminal rules favorable to the offender if there are changes in legislation relating to criminal offenses committed. In the Indonesian positive law transitoir principle set out in Article 1 (2) of the Criminal Code. Constitutional Court ruling has the characteristics as a negative legislator whose decision is equivalent to the legislation. Writing is made to answer the question about the relationship between the Constitutional Court decision and transitoir principles and their application in the field. The issues in this thesis (1) How does the application of Article 1 (2) of the Criminal Code that is correct if it is associated with the Constitutional Court ruling dated January 16, 2014 No. 1/PUU-XI/2013. (2) What is the solution for the recovery efforts of the defendant's rights are decided by a court decision which violates the principle transitoir according to Article 1 (2) of the Criminal Code. This thesis research uses the type of normative research (normative legal research), which saw the legislation as the norm in society. Writing this thesis showed that the decision of the constitution in the category of elements of the regulatory changes in Article 1 (2) of the Criminal Code. In applying the provisions of some of the decisions are not constitutional court verdict and still make the article repealed by the constitutional court as a legal landing. Then efforts should be made based on a landing convicts disconnected law that was repealed by the constitutional court that is able to perform a review and redress