Jurnal Ilmiah Hukum dan Dinamika Masyarakat
Vol 16, No 1 (2018): Hukum dan Dinamika Masyarakat

AZAS IUS CURIA NOVIT DAN EKSISTENSI KETERANGAN AHLI HUKUM DALAM PERADILAN PIDANA

Kuswarini Kuswarini (Faculty of Law, Universitas 17 Agustus 1945 Semarang)



Article Info

Publish Date
26 Oct 2018

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.

Copyrights © 2018






Journal Info

Abbrev

hdm

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Hukum Dan Dinamika Masyarakat menerima artikel ilmiah dari hasil penelitian (original research article) dan telaah pustaka (review ...