PUTUSAN LEPAS SEBAGAI TITIK TEMU ANTARA ASAS IUS CURIA NOVIT DAN ASAS LEGALITAS DALAM HUKUM PIDANA INDONESIA

AbstractThe principle of ius curia novit obliges judges to examine and decideevery case brought before the court, while the principle of legality incriminal law limits judicial authority to impose punishment only for actsregulated by law. In criminal court practice, cases often arise where thedefendant is factually proven to have committed an act consideredwrongful according to social or moral norms, yet such act is notregulated as a criminal offense. This situation raises questions regardingthe relationship between the judge’s obligation to find the law and theprinciple of legality. This research aims to analyze the relationshipbetween the principle of ius curia novit, the principle of legality, and thedecision of acquittal from all legal charges (ontslag van allerechtsvervolging) within the Indonesian criminal justice system. Thisstudy is a normative legal research using document study, qualitativejuridical analysis, and deductive reasoning. The results show that theprinciples of ius curia novit and legality are not contradictory butcomplementary. The decision of acquittal functions as a normativesolution that balances the judge’s duty to decide cases with the limitationof punitive authority in criminal law. Therefore, such decision reflectsthe consistency of the Indonesian criminal law system in upholding legalcertainty and the protection of human rights.Keywords: ius curia novit, principle of legality, acquittal, criminal law,judge.