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All Journal Jurnal Analogi Hukum
I Nyoman Sujana
Fakultas Hukum, Universitas Warmadewa, Denpasar-Bali

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Pelaksanaan Pengawasan dan Pengamatan oleh Hakim Pengawas dan Pengamat Dalam Pembinaan Narapidana di Pengadilan Negeri Denpasar Ni Made Gita Iswariyani; I Nyoman Sujana; Diah Gayatri Sudibya
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.68-73

Abstract

The development of technology and Informatics in Indonesia has grown rapidly resulting in crime took place very quickly. A person who commits a criminal offence and has imposed a verdict running criminal prison called inmates. The time penalty Convicts still have human rights that are guaranteed by law. Law enforcement in ensuring human rights requires the role of law enforcement officers. Supervisory judges and observers’ one of the law enforcement officers who have the task of supervising and observing the Court ruling which has had the force of law. Monitoring and observations made Justice of the supervisors and Observers is useful as an evaluation against the Court ruling and also towards the overthrow of the criminal and the construction of the inmates. Formulation of the problem in this study is How supervisory arrangements and observations by judges and observers in the construction superintendent of convicts and how implementation of supervisory judges and observers in Denpasar District Court in the construction of the inmates. The type of research used in the writing of this thesis is the empirical legal research conducted with research in the field. Setting the execution of the duties of judges and observers of the trustees listed in the Judicial Authority law, the law of Criminal Procedure Law, and Supreme Court Circulars. Implementation of Supervisory Judges and observers has been already executed in accordance with the provisions but not yet running smoothly overall.
Visum et Repertum Sebagai Alat Bukti Dalam Tindak Pidana Penganiayaan Ni Putu Mega Cahyani; I Nyoman Sujana; Made Minggu Widiantara
Jurnal Analogi Hukum Vol. 3 No. 1 (2021): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.1.2021.122-128

Abstract

Visum et Repertum is a written statement made by doctors in forensic medicine regarding medical examinations of humans, made based on their knowledge and under oath for pro yustitia interests. As for the formulation of the problem in this case 1) how is the strength of the proof of Visum et Repertum as evidence in cases of criminal acts of abuse? 2) What effect does it have on Visum et Repertum having differences with the testimony of the defendant in a criminal act of persecution? The method in this study is a type of normative legal research, namely by conducting an assessment based on legal materials from the literature. While the problem approach used is the Legislation approach, Conceptual approach and Case approach. Visum et Repertum is a documentary evidence as stipulated in Article 184 paragraph (1) of the Criminal Procedure Code and Article 187 letter c of the Criminal Procedure Code and has a strong evidentiary power because it is able to prove the element of abuse in the case study decision No. 586/Pid.B/2018/PN Dps. The consequences arising if Visum et Repertum has a difference with the information given by the Defendant are that the information can be revoked and a re-examination of Visum et Repertum can be carried out if the Defendant is proven to give a false confession. In order for Visum et Repertum to have strong evidentiary power, it is necessary to regulate the standardization and form and arrangement of Visum et Repertum in a statutory regulation.