ANTINOMI HUKUM PADA KONTEKS PENGESAMPINGAN TAINTED EVIDENCE OLEH HAKIM DALAM PEMBUKTIAN PIDANA BERDASARKAN PRINSIP EXCLUSIONARY RULES

WIDIANTO, MUHAMMAD RIZKY ARYA (2021) ANTINOMI HUKUM PADA KONTEKS PENGESAMPINGAN TAINTED EVIDENCE OLEH HAKIM DALAM PEMBUKTIAN PIDANA BERDASARKAN PRINSIP EXCLUSIONARY RULES. Skripsi thesis, UNIVERSITAS BHAYANGKARA SURABAYA.

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Abstract

The researcher noticed that in the United States (the place where exclusionary rules were born), the waiver of tainted evidence based on the exclusionary rules principle has been viewed as a form of deed that was less relevant to the concept of criminal evidence because it was considered potentially blocking the achievement of material truth. As time goes by, in the United States, a variety of precedent that governs the exclusion of implementing exclusionary rules principle that are assessed as a solution to the problem. The problem was Indonesia which also adheres to the exclusionary rules principle does not take part regarding exceptions like those contained in the precedent in the United States so that the relevance of the exclusionary rules principle in Indonesia should be re-questionable. This research aimed to provide enlightenment on whether relevant or not to the waiver of tainted evidence by the judge in the criminal evidence based on the exclusionary rules principle in Indonesia with the concept of the criminal evidence itself. To obtain the data, the researcher used normative methods with a problem approach in the form of a conceptual approach, a comparative approach, a statute approach, and a case approach. Based on the result, the researcher assessed

Item Type: Thesis (Skripsi)
Uncontrolled Keywords: HUKUM - PEMBUKTIAN PIDANA
Depositing User: Perpus Ubhara Surabaya
Date Deposited: 27 Nov 2023 03:24
Last Modified: 27 Nov 2023 03:24
URI: http://eprints.ubhara.ac.id/id/eprint/2170

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