Aep Abdurachman

Master of Laws, Faculty of Law, Pancasila University

DOI : https://doi.org/10.47191/ijsshr/v7-i06-88

Google Scholar Download Pdf
ABSTRACT

The background for carrying out this research is that there is a rationale for legal claims in order to determine a legal subject of a Witness to be the legal subject of a Defendant directly by the Panel of Judges in an ongoing criminal justice process for criminal acts of corruption, in order to carry out justice or law enforcement more effectively and efficiently, so that substantive justice can be achieved in law enforcement. The methods that have been used in this research are legal actions that allow a Witness legal subject to become a legal subject for the Defendant directly by the Panel of Judges in an ongoing judicial process, normative juridical approach legal research or research that examines legal rules according to library research, and the research specifications are analytical descriptive, and in this research secondary data was obtained. The data collection technique was carried out through literature study, and the data analysis used was qualitative and explained descriptively. This research concludes that in the existing criminal justice system, the legal subject of the Witness can actually be the legal subject of the Defendant in an ongoing trial; it's just that such "determination" is not made explicitly. To determine a witness as a defendant, there are two parties who can take the initiative to determine the witness directly as a defendant in a trial process at a corruption criminal court. Namely the Public Prosecutor, especially the KPK Public Prosecutor. Carried out at the request of the Public Prosecutor to the Panel of Judges.

KEYWORDS:

Witness, Defendant, Corruption Crime Trial

REFERENCES
Books

1) C.S.T Kansil, Introduction to Indonesian Law and Legal System, Balai Pustaka, Jakarta, 1986, p. 40.Adrian Sutedi, Legal Aspects of the Financial Services Authority, (Jakarta: Reach the Hope of Success, 2014)

2) Andi Hamzah, Indonesian Criminal Procedure Law, Second Edition Sinar Graphics, Jakarta, 2016, p. 4. Ruslan Renggong, Special Criminal Law Understanding Offenses Outside the Criminal Code, First Edition, Prenadamedia Group, Jakarta, 2016, p. 80.M. Irsan Nasarudin, Legal Aspects of the Indonesian Capital Market, (Jakarta: Kencana, 2004)

3) R. Abdoel Djamali, Introduction to Indonesian Law, Revised Edition, Raja Grafindo Persada, Jakarta, 2014, p. 200.

4) NN, Jihad Against Corruption, Kompas, Jakarta, 2005, p.,4.

5) E. Y. Kanter and S.R. Sianturi, Principles of Criminal Law in Indonesia and Their Application, Storia Graphic, Jakarta, 2012, p. 342-344.

6) Fitria, The existence of the Corruption Eradication Commission (KPK) as a supporting state institution in the Indonesian constitutional system, hlm. 12.

7) Yessi Kurnia Arjani Manik, Analysis of the Responsibility of Police Investigators in Relation to Wrongful Arrests or Errors in Persona, 2013, p. 21

Law

1) Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP);

2) Draft Criminal Procedure Code;

3) Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia; Law Number 30 of 2002 concerning the Corruption Eradication Commission (KPK);

4) Law Number 31 of 1999 concerning Eradication of Corruption Crimes; Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes; Law Number 8 of 2010 concerning the Crime of Money Laundering; Law Number 46 of 2009 concerning Corruption Courts;

5) Law Number 48 of 2009 concerning Judicial Power;

Journal

1) Muhammad Fajrul Falah, Fanny Tanuwijaya, Samuel SM Samosir Online Gambling: Criminal Study of Decision Number 1033/PID.B/2014/PN.BDG, Lentera Hukum e-Journal, Volume 4, Issue 1 (2017), pp. 31-45, Jember University, 2017, p. 6.

Website

1) http://www.negara Hukum.com/ Hukum/besar-dan-wewang-praperadilan.html, accessed on 02 February 23.15 WIB

Volume 07 Issue 06 June 2024