TINJAUAN YURIDIS TENTANG PEMINJAMAN
BARANG BUKTI YANG TIDAK DAPAT
DIHADIRKAN DALAM PROSES PERSIDANGAN DI
PENGADILAN
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Institusion
Universitas Atma Jaya Yogyakarta
Author
Turnip, Krist Andy R.
Subject
Peradilan dan Penyelesaian Sengketa Hukum
Datestamp
2013-05-06 13:40:20
Abstract :
Forclosure for revidence that doing by investigator because that a suspicion the evidence will be misused, eliminated or changed with other evidence, and diverted to others. So, because of that Proceedings in Courts will be hampered. Evidence are a foremost in Proceedings in Courts , because evidence can add credence to the judge for decide a case. But the fact evidance can be borrowed by the applicant with submit a written request to borrow disposable evidence to the instance that is examining the case. Request for borrowing the evidence to the applicant's interest in everyday. Request for the evidence that doing by the applicant often not able to present evidence in court proceedings in court. Because of that, The authors want to know is there any legal consequences of borrowing the evidence that can not be presented in the proceedings in court and the type of research that will be used in this study is normative legal research with interviews of the police, prosecutors, and judges. After doing some research, the authors draw conclusions even though the law does not provide evidence of borrowing, but borrowing the evidence can be done. If the borrowing the evidence, the applicant cannot present the evidence in proceedings in court, then the juridical consequences is subject to Article 216 of the Criminal Code. After seeing the consequences given to borrowing the evidence, the authors wish to express suggestions, needs to be regulated in the law to guarantee the legal certainty ofborrowing items of evidence.
Forclosure for revidence that doing by investigator because that a suspicion the evidence will be misused, eliminated or changed with other evidence, and diverted to others. So, because of that Proceedings in Courts will be hampered. Evidence are a foremost in Proceedings in Courts , because evidence can add credence to the judge for decide a case. But the fact evidance can be borrowed by the applicant with submit a written request to borrow disposable evidence to the instance that is examining the case. Request for borrowing the evidence to the applicant's interest in everyday. Request for the evidence that doing by the applicant often not able to present evidence in court proceedings in court. Because of that, The authors want to know is there any legal consequences of borrowing the evidence that can not be presented in the proceedings in court and the type of research that will be used in this study is normative legal research with interviews of the police, prosecutors, and judges. After doing some research, the authors draw conclusions even though the law does not provide evidence of borrowing, but borrowing the evidence can be done. If the borrowing the evidence, the applicant cannot present the evidence in proceedings in court, then the juridical consequences is subject to Article 216 of the Criminal Code. After seeing the consequences given to borrowing the evidence, the authors wish to express suggestions, needs to be regulated in the law to guarantee the legal certainty ofborrowing items of evidence.
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