Cahyo Nugroho, Widhi
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Tinjauan Yuridis Proses Alih Status Pegawai Komisi Pemberantasan Korupsi Aryananta, Mega Pamungkas; Cahyo Nugroho, Widhi
Journal Evidence Of Law Vol. 2 No. 3 (2023): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v2i3.388

Abstract

Human rights and democracy are concepts of communion and social relations that were born from the history of human culture. Therefore, the notion of Indonesia being a rule of law is related to the concepts of human rights and democracy, and in fact what governs is the law, not the people. The MPR also established a legal umbrella for human rights with number XVII/MPR/1998. Based on this, a legal regulation was issued, namely Law Number 39 of 1999 concerning Human Rights (UU HAM), which has a vital capacity related to the most common ways of human rights in Indonesia. Recently, there was a case where there was an alleged act that was contrary to human rights, this involved KPK employees carrying out the National Insights Test (TWK) with the aim of changing the status of the previous status only as KPK but had to be transferred as a State Civil Apparatus. (ASN). The transfer of status of KPK Employees to ASN Employees with the TWK method as mandated by Perkom KPK Number 1 of 2021 is not fundamental to the regulations above, namely PP Number 41 of 2020 because the PP does not imply the existence of TWK implementation, and relates to the questions given during the TWK assessment with the interview method indicates human rights violations as regards the rights that have been violated that have been guaranteed by the 1945 Constitution and the Human Rights Law. With regard to Komnas HAM's authority to carry out investigations, it can only be carried out in cases of Serious Human Rights Violations (Crime of Genocide and Crimes against Humanity) while in cases of transferring the status of KPK employees it does not include Serious Human Rights Violations, as well as regarding the strength of recommendations that are non-binding and do not have sanctions in them, so that Komnas HAM's recommendations are relatively weak.
Keabsahan Visum Et Repertum dan Visum Psikiatrikum sebagai Alat Bukti dalam Penanganan Tindak Pidana Pemerkosaan Werembinan, Petrus Carol; Cahyo Nugroho, Widhi
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.772

Abstract

This research aims to determine the legal strength of Visum et Repertum and Visum Psikiatrum as evidence in rape cases. Essentially, rape is an unlawful act, and criminal law classifies it as a criminal offense (rechtsdelicten). This study uses literature as its primary material, referred to as normative legal research or library research. The role of expert testimony in relation to the completeness of evidence in legal documents examined in court is very useful in enhancing the judge's confidence in the decision-making process. Visum et Repertum is considered a reliable form of evidence provided by a sworn doctor in criminal cases. The evidentiary status of Visum et Repertum in criminal cases is classified as documentary evidence under Article 184 paragraph (1) letter c and Article 187 letter c of the Indonesian Criminal Procedure Code, with expert testimony as per Article 1 number 28 of the Criminal Procedure Code and Stb 1937-350, along with Article 184 paragraph (1) letter b of the Criminal Procedure Code. The results of this research indicate that Visum et Repertum has legal strength as evidence in rape cases, as regulated under Article 184 paragraph (1) and Article 187 letter c.