SAKSI MAHKOTA SEBAGAI ALAT PEMBUKTIAN TINDAK PIDANA DALAM SISTEM PERADILAN PIDANA

GETAR, ADZANU and Pettanasse, Syarifuddin and Gofar, Abdullah (2017) SAKSI MAHKOTA SEBAGAI ALAT PEMBUKTIAN TINDAK PIDANA DALAM SISTEM PERADILAN PIDANA. Master thesis, Sriwijaya University.

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Abstract

The study is titled Witness Mahkota in Criminal Justice. Theoretically not regulated in the Law on Criminal Procedure Law, but its existence is often used in criminal justice practices. Such existence in reality often gets pros and cons, some agree and there are those who disagree in the framework of using crown witnesses. Crown witnesses are witnesses originating from or taken from one of the suspects or other defendants who jointly committed a criminal act, and in which case the crown was given. Based on the above problems it is necessary to do research 1). How is the existence of a crown witness as a means of proving a criminal act in the criminal justice system. 2). How is the setting of a crown witness as a means of proving a criminal act in the criminal justice system in the future. To answer the two problems mentioned above, it is used the Law Purpose theory specifically relating to legal certainty, Criminal justice system theory, Theory of law application, the existence of crown witnesses in criminal justice practices often used especially in the case of Antasari Ashar and mediam piagam. Supreme Court Decision No. 1174 K / Pi / 1994, 381 K / Pid / 1994, 1592 K / Pid / 1994 and 1706 K / Pid / 1994, which states that crown witnesses are contrary to law. This study uses normative research. This study concludes 1). The existence of a crown witness as a means of proving a criminal act in the criminal justice system can be concluded that the use or crown of witnesses in proving criminal cases seen from the point of view of Criminal Procedure Law and explanation of the witnesses is not strictly regulated either in the Criminal Procedure Code or in Law No.13 of 2006 , thus creating uncertainty for the crown witnesses plus there are still many differences of opinion among practitioners and academics about the crown witnesses. 2). Crown witness settings as a means of proving criminal acts in the criminal justice system in Indonesia in the future, which have included provisions regarding crown witnesses in the draft KUHAP intended as a tool for law enforcement as in the United States, Italy and the Netherlands witnesses are tools to fight and fight crimes especially organized crime in all its forms.

Item Type: Thesis (Master)
Uncontrolled Keywords: Witness, Crown Witness, Proof of crime
Subjects: K Law > K Law (General) > K100-103 Legal education
Divisions: 02-Faculty of Law > 74101-Law (S2)
Depositing User: Users 775 not found.
Date Deposited: 03 Aug 2019 15:36
Last Modified: 03 Aug 2019 15:36
URI: http://repository.unsri.ac.id/id/eprint/2002

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