KONSISTENSI PENERAPAN HUKUM PEMBUKTIAN PIDANA DALAM RANGKA MENUJU KEPASTIAN HUKUM, KEADILAN DAN TERTIB

Criminal law of evidence in criminal proceedings very important role. Proving criminal performed to obtain a material truth and offered guidance in proceedings in criminal justice. Criminal rules of evidence must be integrated and are in a legal system. Legal development or discovery of the law shou...

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Bibliographic Details
Main Authors: , ARI BINTANG PRAKOSA SEJATI, S.H., , Prof. Dr. Edward Omar Sharif Hiariej, SH., M.Hum
Format: Thesis
Published: [Yogyakarta] : Universitas Gadjah Mada 2013
Subjects:
ETD
Description
Summary:Criminal law of evidence in criminal proceedings very important role. Proving criminal performed to obtain a material truth and offered guidance in proceedings in criminal justice. Criminal rules of evidence must be integrated and are in a legal system. Legal development or discovery of the law should be followed and should not be contrary to the legal system that has been there before, based on the principle of concordance. The integrated nature of the criminal law of evidence, should be consistent with both theory and in practice, to keep abreast of the dynamic development of society and the development of technology, which is carried out through legal discovery or development of the law, with no evidence contrary to the criminal law that have been there before. Then the implementation of the law of criminal evidence, not only embodies the rule of law only, but there are more important is the realization of justice, because justice is the essence of the rule of law. Law enforcement would have no meaning if the forgetting of justice, as the main purpose of proving criminal proceedings to realize the truth upfront material. Legal discovery or development of the law, must not conflict with the criminal law already existing positive. Thus, the application of the law of criminal evidence, in practice will lead to the rule of law, justice and the rule of law system. And the development of criminal law or criminal law was the discovery, by itself will lead to the rule of law, justice and expediency.