“PROSES PERSIDANGAN DALAM TINDAK PIDANA CONCURSUS” (Studi Kasus Putusan No. 649/Pid.B/2015/PN.MLG)

Article 153 of the Criminal Procedure Code states that for the purposes of examining judges, all criminal acts except those related to decency and the accused of a child are carried out with a trial open to the public. But in Case No. 649 / Pid.B / PN.Mlg there are legal discrepancies. In this case there was a merger of the crime of the concurs between the crime of kidnapping and the crime of rape. Where criminal offenses should be used using open court proceedings and rape crimes using closed-to-public proceedings. But in the case it was examined using a closed trial to the public. When viewed from the case, the implications are null and void by law. But what happened was that the case was not null and void by law. Then the author will discuss the formulation of the problem, namely: (1) To find out the proceedings in the criminal act Concursus between kidnapping crimes are accompanied by criminal acts of sexual abuse, whether openly public or closed to the public, (2) To find out the implications of the trial process Criminal concurs between kidnapping crimes are accompanied by criminal acts of sexual abuse which are not in accordance with article 153 of the Criminal Procedure Code. The research method of this paper uses the Socio legal Research approach, and uses primary and secondary data sources. From the results of the study it was concluded that the actions of the panel of judges could be justified because they saw the consideration of judges based on the principle of fast, simple and low cost. And the judge also has the authority to find the law with logic and reasoning in accordance with the knowledge possessed by a judge. In Article 153 of the Criminal Procedure Code this can be said null and void but a judge's decision can be re-examined in a higher court, namely using the Appeal, Cassation and PK process