IMPLEMENTASI PRINSIP EXCLUSIONARY RULES OF EVIDENCE DALAM SISTEM PEMBUKTIAN PERADILAN INDONESIA

YANUAR RAMADHANI, HAFIDZ (2024) IMPLEMENTASI PRINSIP EXCLUSIONARY RULES OF EVIDENCE DALAM SISTEM PEMBUKTIAN PERADILAN INDONESIA. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Evidence in criminal procedure law is a series of trials that are very important in the overall process of examining criminal cases in court. In Indonesia, the implementation of the principle of exclusionary rules of evidence does not necessarily make the evidence can be submitted but only its degree is reduced. Therefore, factually, the protection of rights in Indonesia or human rights is still a debate about prioritizing smoothness in conducting evidence or prioritizing the protection of human rights. This research uses normative juridical method with literature study on previous research, books and existing regulations. The result of this research is that the Exclusionary Rules of Evidence principle has the opportunity to be applied in Indonesia, especially with the demand to improve compliance with human rights standards in the judiciary. Although exclusionary rules are not explicitly regulated in the KITAB UNDANG - UNDANG HUKUM ACARA PIDANA , judges in Indonesia can exercise discretion to reject evidence obtained illegally, especially if it violates the defendant's constitutional rights. Keywords: Evidence, Exclusionary rules of evidence, KITAB UNDANG - UNDANG HUKUM ACARA PIDANA

Item Type:

Thesis (Undergraduate)

Contributors: