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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Acten Journal Law Review
Ghufron, Nurul
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perkembangan Dan Karakteristik Bukti Petunjuk: Dalam Rangka Menyongsong Rancangan Kitab Undang-Undang Hukum Acara Pidana Nugroho, Fiska Maulidian; Ghufron, Nurul
Acten Journal Law Review Vol. 2 No. 1: Apr 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i1.26

Abstract

he Indonesian Criminal Procedure Code (KUHAP) has established five types of evidence. However, of the five types, there is clue evidence as a type of evidence that belongs to the second degree and is indirect evidence, namely evidence that does not stand alone or indirect evidence that explains a fact in a criminal event. This clue evidence is only owned by the judge and the application of this evidence is authoritative under the subjectivity of a wise judge. The application of clue evidence is guided by Article 188 of the Criminal Procedure Code and if analysed through the characteristics of evidence, there is a problem, namely how clue evidence can be declared as clue evidence when viewed from the characteristics of criminal law evidence. Furthermore, how the Draft Criminal Procedure Code in the future on the validity of evidence of clues that are not reformulated, and replaced with evidence of the judge's own observations. The results of this study found that towards the characteristics of criminal evidentiary law on clue evidence, the evidence should be acceptable, relevant, and legally obtained. However, some incidents of the application of clue evidence show an impression that deviates from the principle of lex certa, namely the principle of clarity, especially in the application by judges. Therefore, there is a need for an evaluative activity towards clue evidence so that it does not become a norm in the Draft Criminal Procedure Code and is more appropriately replaced with evidence of judge's observation. The term judge observation is more appropriate, because this evidence is based on the idea of balance and the purpose of the law of evidence. Throughout this research, this study uses a doctrinal legal research method through a statutory approach and conceptual approach, as well as using a study of the jurisprudence of the Dutch Court and Court Decisions in Indonesia, as well as the doctrines of legal experts. Keywords : Evidence, Clues, Judge's Perception.
Actor Deconstruction In The Integrated Criminal Justice System : Reintegration Of The Victim's Role Through A Restorative Justice Approach In Indonesia Suwanto, Steinly; Azizah, Ainul; Ghufron, Nurul
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7838

Abstract

System justice Indonesian criminal law that has been This based on paradigm retributive has place the victim in a systemic outside current main judicial process. Research This aim deconstruct role actors in Integrated Criminal Justice System (ICJS) at once offer paradigm new that repositions the victim as center and axis system, not just protected subjects. The methods used is study law normative with approach legislation and conceptual, based on the New Criminal Code (Law No. 1 of 2023), New Criminal Procedure Code (Law No. 20 of 2025), Regulations Police Number 8 of 2021, and Attorney General Regulation Number 15 of 2020. Research results reveal fundamental transformation of the whole ICJS actors : police transform become facilitator restorative justice, prosecutor's office integrate restitution in prosecution strategy, justice must consider victim recovery, and advocates now recognized as formal actor since stage investigation. Research This conclude that the victim's consent is condition sine qua non in every mechanism restorative, and victim recovery is gauge measuring main success system, not effect side punishment. Regulatory fragmentation and limitations capacity institutional Still become obstacle urgent structural For overcome.
Co-Authors Ainul Azizah Nugroho, Fiska Maulidian Suwanto, Steinly