📅 27 April 2023

PENERAPAN HUKUM PEMBUKTIAN DALAM PERKARA PIDANA PADA TAHAP PENYELIDIKAN DAN PENYIDIKAN DI WILAYAH HUKUM POLRES BAUBAU

Dinamika Hukum
Universitas Slamet Riyadi

📄 Abstract

The research here is entitled “THE APPLICATION OF THE LAW OFEVIDENCE IN CRIMINAL CASES AT THE STAGE OF INVESTIGATIONAND INVESTIGATIONS IN THE JURISDICTION OF THE BAUBAUPOLICE POLICE”. In practice, there are many misunderstandings by investigatorsand investigators carrying out the law of proof, resulting in losses and injustice for thesuspect, then the pre-trial facility as a tool to test the evidence must be changed in thetesting technique from the judge's side, because so far there are still many evidencetests using the old method, namely Dutch heritage, giving rise to non-objectivity andinjustice. The research here uses a normative juridical research method, namelyconceptualizing law as a norm that includes positive values and court decisions thathave permanent legal force. The result of the research is that it turns out that theparameter in carrying out the law of evidence at the investigation stage is to have itsown legal parameters of evidence when the investigator wants to establish an act as acrime, as well as at the investigation stage is to have its own parameters, when theinvestigator wants to determine someone as a suspect, where in At this stage, thecoercive efforts that investigators have at the investigation stage, it turns out that eachof these coercive efforts also has its own legal parameters of evidence to say that thecoercive efforts are valid and correct. The existence of this fact makes the testingtechnique in pre-trial in 1981 clearly different now. The existence of all of this, it turnsout that since the existence of the KUHAP in 1981 until now there are many old normsthat have not been able to reach the realm of the law of proof, where it was then bornnew norms through several court decisions, thus necessitating the renewal of criminallaw in particular. at the investigative, investigative and pre-trial stages. The existenceof parameters in every law of evidence and every test of evidence is intended to seekobjective ways and achieve objective results, not only for investigators, investigatorsand pre-trial judges who obtain objective results, but suspects are also given rights andmeans to fight for justice he wants in accordance with applicable laws and regulations.Keywords: Law of Evidence, Testing of Evidence and Parameters of Law ofEvidence

ℹ️ Informasi Publikasi

Tanggal Publikasi
27 April 2023
Volume / Nomor / Tahun
Volume 14, Nomor 1, Tahun 2023

📝 HOW TO CITE

SYARIFUDDIN, "PENERAPAN HUKUM PEMBUKTIAN DALAM PERKARA PIDANA PADA TAHAP PENYELIDIKAN DAN PENYIDIKAN DI WILAYAH HUKUM POLRES BAUBAU," Dinamika Hukum, vol. 14, no. 1, Apr. 2023.

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