PENGGUNAAN ALAT BUKTI PENYADAPAN DALAM PERADILAN PIDANA KORUPSI

OKTAVIANI PUTRI, HOLY (2014) PENGGUNAAN ALAT BUKTI PENYADAPAN DALAM PERADILAN PIDANA KORUPSI. S1 thesis, UAJY.

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Abstract

The title of this legal research is “ Use of Wiretap Evidence in Criminal Justice Corruption “ aims to find out whether wiretap with the approval of the judge an examiner prefatory also valid in eradicating corruption conducted by the Corruption Eradication Commission having the draft Criminal Procedure Code be issued. The method used in this study is a normative legal research. Normative legal research is a study that focuses on the norms of positive law and is done by studying the legislation and regulations relating to the problems studied. Source of data used is secondary data obtained through literature, namely primary raw materials and secondary raw materials. Based on the results of the study, that the tapping with the approval of the judge an examiner prefatory does not apply to Corruption Eradication Commission. In accordance with the principle of lex specialis derogat legi generalis and regulations that completely specialized precedence than rules that in general. The Act of Corruption Eradication Commission completely specialized (lex specialis) while the Criminal Procedure Code in general (lex generalis). In the Act arranged that Corruption Eradication Commission authority to carry tapping in carrying out tasks investigation and the prosecution which means tapping can be conducted Corruption Eradication Commission without must obtain permission judge an examiner prelude. If tapping by Corruption Eradication Commission must obtain permission then need revision against the act.

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