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All Journal Asian Journal of Management, Entrepreneurship and Social Science
Prija Djatmika
Lecturer Faculty of Law Brawijaya University, Malang, Indonesia
Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Social Sciences

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Local Inspectıon Arrangements In The Process Of Provıng A Crımınal Case Trıal Rieya Aprianti; Prija Djatmika; Setiawan Noerdajasakti
Asian Journal of Management, Entrepreneurship and Social Science Vol. 4 No. 03 (2024): August Asian Journal of Management Entrepreneurship and Social Science ( AJMES
Publisher : Cita Konsultindo Research Center

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Abstract

In seeking material truth in a criminal case, in addition to being based on two pieces of evidence as regulated in a restrictive manner in the Criminal Procedure Code, in practice it is also known to carry out local examinations to increase the judge's confidence in whether or not the acts charged to the defendant are proven or not. The local examination by the Judge in the process of proving a criminal case can be said to be part of the Judge's discretion carried out in the event that the judge deems it necessary for the purpose of proving at trial. However, so far there has not been a single regulation that explicitly regulates this local examination in the criminal procedure law, causing a legal vacuum. This legal void then gives rise to various legal implications in the practice of criminal procedure law. The research method used is normative legal research with a legislative approach, a conceptual approach, and a case study approach. The legal materials used include primary legal materials that include laws and regulations and judges' decisions, secondary legal materials sourced from books or literature that are directly or indirectly related to the legal writing to be studied, and tertiary legal materials obtained from legal dictionaries or large Indonesian Language dictionaries. The results of this study describe the various juridical impacts of the legal vacuum of local audit arrangements in proving criminal cases from the aspect of legal certainty. Referring to the juridical impacts of the legal vacuum, the reform policy in the criminal procedure law is expected to be one of the guidelines for the unification or uniformity of the application of local examinations in the criminal procedure law in the future.
Co-Authors Rieya Aprianti Setiawan Noerdajasakti