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PENGATURAN KEBERADAAN SAKSI MAHKOTA DALAM TINDAK PIDANA KORUPSI DI INDONESIA DITINJAU DARI PRINSIP HAK ASASI MANUSIA (HAM) TERHADAP TERSANGKA/TERDAKWA

Amelia, Zatwa (2018) PENGATURAN KEBERADAAN SAKSI MAHKOTA DALAM TINDAK PIDANA KORUPSI DI INDONESIA DITINJAU DARI PRINSIP HAK ASASI MANUSIA (HAM) TERHADAP TERSANGKA/TERDAKWA. Bachelors Degree (S1) thesis, University of Muhammadiyah Malang.

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Abstract

In the process of proving a criminal case at a trial particularly on deelneming practice, there is a renewal on it which is the emergence of “The Crown Witness” term. However, in the ius constitutum (positive law) there is no regulation of it yet, mere in the practice there is the jurisprudence of the supreme court. In the jurisprudence that contains the crown witness, there is a disparity in which there are two sides either permitted or prohibited. The utilizing of a prohibited witness based on the jurisprudence of the supreme court is Numb. 1174 K/Pid/1994 jo Numb.1592 K/Pid/1994. Based on that case this study is aimed at investigating the following research questions: 1) How the regulation of the crown witness existence in the corruption proofing system in Indonesia which is viewed from the aspect of human right against the suspect? 2) How the ideal concept of the crown witness’s regulation in the renewal of criminal procedure law of corruption in Indonesia based on the principle of the right of the suspect? This study is conducted using a juridis-normative method with the constitution and conceptual approach. This finding of this study is the current regulation is not ideal based on the aspect of human rights on the non self incrimination principle. Since according to non self incrimination principle, a suspect is not able to be forced to testify that which encumber him. Furthermore, the regulation of the current crown witness is still partial, thus there is a conflict between one another. Therefore ideally the regulation of the crown witness is governed by the constitution, as a result the regulation and protection of the crown witnesses are able to be carried out comprehensively and not against the principle of non self incrimination.

Item Type: Thesis (Bachelors Degree (S1))
Additional Information: 201410110311002
Uncontrolled Keywords: The crown witness, Human right, Non self incrimination, Criminal act of corruption.
Subjects: K Law > K Law (General)
K Law > KZ Law of Nations
Divisions: Faculty of Law > Department of Law
Depositing User: Sulistyaningsih Sulistyaningsih
Date Deposited: 07 Nov 2018 08:26
Last Modified: 07 Nov 2018 08:26
URI : http://eprints.umm.ac.id/id/eprint/39552

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