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All Journal Amicus Curiae
Hadjar, Abdul Ficar
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Law, Crime, Criminology & Criminal Justice

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PEMENUHAN HAK TERDAKWA DALAM PELAKSANAAN PERSIDANGAN ONLINE DI MASA PANDEMI COVID-19: Fulfilling The Defendant's Rights In Conducting Online Trials During The Covid-19 Pandemic Nadilatunnisa, Nida; Hadjar, Abdul Ficar
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19760

Abstract

During the Covid-19 pandemic, many activities had to be carried out online, such as learning at schools and universities. This also has an impact on the trial process which cannot be carried out in person but by means of electronic (online) criminal case trials. In the trial process at the Serang District Court, there was an irregularity in the proceedings. Where the defendants were not physically present during the trial at the Serang District Court, while the panel of judges, prosecutors and witnesses were. presented, with the witness a member of the police. Here the witness, namely a member of the police, plays the role of arresting the defendant. Therefore, based on the background explained by the author above, the author is interested in conducting further research regarding the problems that occur in the trial process, namely how the defendant's rights can be fulfilled in carrying out online trials during the Covid-19 pandemic. In this research, the type of research used is empirical juridical research. The results of this research are that the defendant's rights during the online trial are still fulfilled, and run according to the Criminal Procedure Code. Therefore, it can be concluded that the defendant's rights in the online trial process are still fulfilled. Because online trials are still carried out based on the Criminal Procedure Code and PERMA No. 4 of 2020.
PENDAMPINGAN PENASIHAT HUKUM TERHADAP TERDAKWA BERDASARKAN PASAL 56 KUHAP: Assistance of Legal Counsel to the Defendant Based on Article 56 of the Criminal Procedure Code Batubara, Atikah Salsa; Hadjar, Abdul Ficar
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/28c2cq39

Abstract

Assistance by legal counsel is a right for all defendants, including defendants who are threatened with a sentence of more than 5 years. The formulation of the problem raised is about the judge's consideration in examining the defendant at the trial of a criminal case which carries a sentence of more than 5 (five) years imprisonment without the assistance of legal counsel and the legal consequences of the decision handed down to the defendant in a criminal case which carries a sentence of more than 5 (five) years and was examined, decided without the assistance of legal counsel. This research method applies a type of research based on normative research referring to seikundeir data. The nature of the research is descriptive and the analysis of conclusions uses a deuctive method. The results of the research and discussionThe actions of the defendant who deliberately took the life of another person and was sentenced to 13 years imprisonment without the assistance of legal counsel, then the conclusion of this study, looking at the decision of the Supreme Court which then became procedural law, explained that if the defendant was not accompanied by legal counsel, all legal products produced were null and void and contained legal defects.
Co-Authors Batubara, Atikah Salsa Nadilatunnisa, Nida