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Kuswarini Kuswarini
Faculty of Law, Universitas 17 Agustus 1945 Semarang
Law, Crime, Criminology & Criminal Justice

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AZAS IUS CURIA NOVIT DAN EKSISTENSI KETERANGAN AHLI HUKUM DALAM PERADILAN PIDANA Kuswarini Kuswarini
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 16, No 1 (2018): Hukum dan Dinamika Masyarakat
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (137.629 KB) | DOI: 10.56444/hdm.v16i1.850

Abstract

Curia Novit Jus: means that judges are considered to know and understand all laws,therefore the court is prohibited from refusing to examine, hear, and decide on a casethat is filed under the pretext that the law does not exist or is unclear, but is obligatoryto examine and judge him. Judges as judicial organs are considered to understandthe law. Therefore the judge must provide services to every justice seeker who asks forjustice to him. If the judge provides services in resolving disputes, finds no writtenlaw, the judge must explore the unwritten law to decide on legal cases as a wiseperson and fully responsible to the Almighty God, himself, society, nation and state.In a Criminal Case if the fact witness is not identified, the judge digs the facts in thetrial, through the statement of the Criminal Law Expert to obtain confidence indeciding the case, the expert information obtained in the criminal case used to decidethe case.
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