PERTIMBANGAN PENGADILAN TINGGI MAKASSAR TERHADAP PENUNTUTAN TIDAK DAPAT DITERIMA (NE BIS IN IDEM) PADA PERKARA TINDAK PIDANA NARKOTIKA DALAM PERSPEKTIF TINDAK PIDANA PENCUCIAN UANG (Analisis Putusan Mahkamah Agung Nomor 636K/Pid.Sus/2020)

This research journal examines the decision of the panel of judges at the cassation level number 636K/Pid.Sus/2020 dated May 4, 2020. One of the decisions is that the panel of judges rejected the appeal from the defendant against the decision of the panel of judges at the previous level (Makassar High Court), namely canceling the decision from The Mamuju District Court stated that the charges from the Public Prosecutor adhered to the Ne Bis In Idem principle. The purpose of this study is to find out and analyze the legal considerations used by the Makassar High Court Judges against unacceptable prosecution (Ne Bis In Idem) in narcotics crime cases in the perspective of money laundering (TPPU). The research method used is normative juridical with a case approach in the form of court decisions that have permanent legal force. Based on this research, it can be concluded that the legal considerations of the Makassar High Court Panel of Judges against the prosecution cannot be accepted (Ne Bis In Idem) in the narcotics crime case in the perspective of money laundering (TPPU) in this case is that the defendant's actions in the previous case (Narcotics crime) and the defendant's actions in this case (money laundering, namely transferring a sum of money from the sale of methamphetamine) are not the same because each of them can stand alone, which in the teachings of Concursus includes Concursus realist so it does not adhere to the Ne Bis In Idem principle. Therefore, the decision of the District Court Number 12/Pid.Sus/2019/PN Mamuju dated August 1, 2019 which was annulled and then tried by the Makassar High Court was correct.Keyword : Legal considerations, Ne Bis In Idem, Narcotics crime, Money laundering