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This study examines ne bis in idem's impact on judicial decisions for skimming crimes, suggesting a need for clearer regulations.
The legal principle known as ne bis in idem regulates that cases with the same object, subject, and subject matter that have been decided by a court that has permanent legal force cannot be re-examined. The cases studied in this study are Decision Number 11/Pid.sus/2022/PN.Psr and Number 281/Pid.sus/2022/PN.Gsk which decided two cases regarding skimming crimes committed by foreign nationals. The purpose of this study is to examine juridically how the concept of ne bis in idem in Indonesian legislation, as well as how the comparative analysis of Judges' Decisions in the case of foreign nationals who commit skimming crimes in Decisions Number 11/Pid.sus/2022/PN.Psr and Number 281/Pid.sus/2022/PN.Gsk). The research method in this study uses the Normative Juridical method with a Comparative approach, a Legislative Approach (statue approach), and a Case approach. Based on the sequence of cases, the position to prosecution of the two decisions is related to each other, which can be considered as a continuing act and the principle of ne bis in idem can be attached to it.
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Firmansyah et al. (2025) studied this question.
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