KEDUDUKAN HUKUM TERHADAP SAKSI MAHKOTA DALAM SISTEM PERADILAN PIDANA

SIREGAR, MICHAEL PAULUS (2016) KEDUDUKAN HUKUM TERHADAP SAKSI MAHKOTA DALAM SISTEM PERADILAN PIDANA. .. pp. 1-10. ISSN .

Text (Jurnal HK10831) HK10831 jurnal.pdf Download (4MB)

Abstract

Crown witness is often found in criminal offense cases where the cases are inclusions and within them, splitsing or a case file division mechanism happens. The position of a crown witness is not explained explicitly in the criminal code procedure (KUHAP) and considering that it is an important instrument in criminal justice system enforcement, this paper will review how law position before a crown witness in criminal justice system. This final project uses normative law study and the data source was obtained from primary law materials viz. related constitutions, secondary law materials namely theories and literature and also tertiary law materials or Kamus Besar Bahasa Indonesia. The standard used to measure the problems in this research project is whether the position of a crown witness is valid in criminal justice system or not. This paper was done by secondary data-based approach and was followed by reviewing the interview results as supporting data. The result from this paper shows that in a criminal justice system, the position of a crown witness is legal according to the law based on certain principles viz. inclusion characteristic and the lack of evidence in a case which is done by splitsing or a case division file mechanism. Based on this result, the author of this paper suggests that to support the implementation of ‘fair trial’ principles, the exertion of the crown witness needs to be reconsidered because it is against the essence as a suspect in regards to fulfill the basic rights of a suspect and the position of a crown witness should be clearly and explicitly defined in criminal code procedure bills.

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