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Penerapan Alat Bukti Petunjuk Oleh Hakim Dalam Menjatuhkan Putusan Tindak Pidana Pembunuhan Broto Priyono; Fadjrin Wira Perdana; Irwan Irwan; Doharman Lumban Tungkup; Miran Miran
Jurnal Indonesia Sosial Sains Vol. 3 No. 10 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (274.572 KB) | DOI: 10.59141/jiss.v3i10.721

Abstract

Every Indonesian citizen has the right to live and continue his life. Unfortunately, criminal acts that violate the right to life of citizens still occur even though this has been regulated firmly in the Criminal Code chapter XIX articles 338-350, such as acts of murder that are still carried out by citizens against other citizens. . If this is allowed, then the name of the rule of law is just a name without any act of justice that can deter and minimize crime. Judges as decision-makers in court certainly have an important role in upholding justice, but judges' decisions must be strengthened by various evidences. Therefore, the researcher wants to find out more about the application of evidence guided by the judge in passing the verdict on the crime of murder. The purpose of this study is to determine the important role of evidence guided by judges in making court decisions against the crime of murder. The research method used is descriptive qualitative with interview, documentation, and observation techniques at Court X in city Y. After the data is obtained, it can be analyzed to find out the results of the study which show that evidence indicates an important role for judges in deciding a criminal case. homicide by 80%. With this, the other 20% is influenced by other factors, both internal and external factors.
Implementasi Barang Bukti Petunjuk Oleh Hakim dalam Menjatuhkan Putusan Tindak Pidana Pembunuhan Noor Sulistiyono; Fadjrin Wira Perdana; Irwan Irwan; Doharman Lumban Tungkup; Miran Miran
Jurnal Indonesia Sosial Sains Vol. 3 No. 10 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (389.408 KB) | DOI: 10.59141/jiss.v3i10.722

Abstract

Indonesia is a legal state where all forms of citizen actions have legal consequences. Public law in Indonesia consists of criminal law and civil law. One of the criminal laws is murder. In the process of resolving cases of murder crimes, evidence is required. One of the evidence used is evidence of instructions. The purpose of this study is to examine the use of evidence as one of the judges' considerations in giving a decision. This research uses descriptive qualitative method with juridical-normative approach and literature study. The data used are secondary data taken from various literatures and scientific publications. The results showed that in several cases of murder in several District Courts, judges used evidence as a basis for consideration in giving criminal law decisions. Several District Courts in Indonesia that use evidence as a judge's consideration in making decisions include the Solok District Court, Padangsidimpuan District Court, Semarang District Court, and Simalungun District Court.
Co-Authors Andri Yulianto Broto Priyono Fadjrin Wira Perdana Irwan Irwan Irwan Irwan Irwan Irwan Irwan Joko Setiono Kodrat Alam Miran Miran Miran Miran Miran Miran Monica Amanda Noor Sulistiyono Sri Kartini Surnata, Surnata Suteki Suteki Wahyudi Siswanto Yohan Wibisono