Urgensi Memori Banding dalam Meningkatkan Kualitas Peradilan Pidana

Abstract

Abstract

In the practice of criminal trials, the appeal mechanism is not too complicated. As a result, there is a buildup of cases at the appellate level, a decrease in the quality of decisions and a weakening of the legitimacy of district court decisions. Problem formulation: What are the factors that influence the defendant and public prosecutor to file an appeal? and Why is the importance of appeal memory in the process of filing an appeal by the defendant or public prosecutor? This type of research is normative which is qualitative descriptive. The first discussion, the factors that influence the defendant and public prosecutor to file an appeal are the district court decision is considered too heavy for the defendant and too light for the public prosecutor without them understanding the consideration of the decision first and the assumption or trend that an appeal can reduce the sentence imposed at the first level or at least remain the same as the district court decision. The result is a buildup of cases and can weaken the legitimacy of the decision at first instance. The importance of appellate memory in the appeal process is to educate the public, especially defendants, to maximize their legal efforts in order to obtain maximum results, as a material consideration for judges who decide at the appellate level and as an evaluation material for judges who decide at the first level.